Interesting proposal from Peter Margulies on Preap: aliens in the mandatory-detention category should get bond hearings, but only if they can demonstrate a colorable defense to removal. Not really an option explored by the parties but seems plausible.https://www.lawfareblog.com/oral-argument-supreme-court-weighs-immigrant-detention …
I’m not sure it does; but justices can come up with completely new doctrine on their own even if not briefed or argued—see eg EMPLOYMENT DIV v. SMITH.
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Thanks
@Profepps. I know they've done this sort of thing, and I've seen some opinions that look like "here's what you should've argued" so I get confused. I'm just a musician though. ; )Thanks. Twitter will use this to make your timeline better. UndoUndo
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