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Off the Record / Re: The War on Bail Bonds
« Last post by The Minsky Moment on Today at 09:41:49 am »ACLU filed a brief against the plaintiffs in the NJ class action. While their position is justifiable I wonder whether it was wise. Among other things they are arguing that Lexington National lacks standing, which seems like a dangerous argument for the ACLU to make, since in virtually every other litigation they have an interest in expanding the scope of third party standing.
If you take a more maximalist position on constitutional rights, which is what the ACLU is presumably supposed to do - the plaintiff's position that the 8th amendment implicitly presumes a right to bail has merit. That's significant because the main plaintiff here is not Lexington National, but an individual suspect - clothed with the presumption of innocence - who is being subjected to significant limitations on his freedom despite being ready willing and able to post bail.
The ACLU brief makes some interesting policy arguments about problems with the commercial bail bonds industry. Those arguments may have merit, but not sure the ACLU should be making them. Where there is an individual being subject to some constraint on his freedom by the government in a criminal case, and is petitioning for relief as a matter of constitutional right, IMO the ACLU should think long and hard before taking the other side.
If you take a more maximalist position on constitutional rights, which is what the ACLU is presumably supposed to do - the plaintiff's position that the 8th amendment implicitly presumes a right to bail has merit. That's significant because the main plaintiff here is not Lexington National, but an individual suspect - clothed with the presumption of innocence - who is being subjected to significant limitations on his freedom despite being ready willing and able to post bail.
The ACLU brief makes some interesting policy arguments about problems with the commercial bail bonds industry. Those arguments may have merit, but not sure the ACLU should be making them. Where there is an individual being subject to some constraint on his freedom by the government in a criminal case, and is petitioning for relief as a matter of constitutional right, IMO the ACLU should think long and hard before taking the other side.