“We determine that creation of a bail schedule is one of those times.” “The state constitution and statutes compel a finding that defendant County Judges act for the state at times,” Judge Leslie Southwick wrote for the majority. Nine judges on the 5th Circuit said both the misdemeanor and felony judges are actors of the state of Texas, not the county, and therefore could not be sued. The opinion focused on two areas: Do county misdemeanor judges and state district felony judges who hear cases act for Dallas County or the state of Texas when they make bail decisions? And, can the lawsuit be considered by a federal court? The judges did not decide on the constitutionality of Dallas County’s bail setting system. The majority decision ruled on procedural issues only. The latest decision from the 5th Circuit vacates that order. District Court Judge David Godbey found there were constitutional violations and told the county to consider a defendant’s ability to pay when setting bail and to give them a chance to present evidence within 48 hours of arrest. In 2018, plaintiffs sued several officials in Dallas County: the magistrates who set bail, judges who oversee them, and the county sheriff who carries out bail orders. Dallas County argue that pre-trial bail decisions were so formulaic and swift that poor arrestees are unfairly kept in jail longer than people who have an ability to pay.
The full 5th Circuit Court of Appeals, which has jurisdiction over Texas, ruled against plaintiffs who said their constitutional rights had been violated by Dallas County’s predetermined schedule for setting bail. To schedule an engagement with America First Legal, please email. Court of Appeals for the Fifth Circuit Court here. Attorney General Paxton and Attorney General Schmitt have delivered a victory for the rule of law, and it is now imperative that the Administration acts in good faith to follow the law,” Gene Hamilton said. Last night’s decision from the Fifth Circuit is an outright and total evisceration of the Biden Administration’s lawless attempts to undue that progress in the border environment.
In pursuit of a reckless, ideologically-driven open-borders agenda, the Biden Administration has systematically moved to undermine all of the progress made during the Trump Administration. But it wasn’t until President Trump’s Administration that meaningful steps were taken to deliver on such a fundamental duty, including through the use of longstanding statutes such as the one recognizing and directing the use of MPP. “ For decades, the American people have rightly demanded that their government defend our national sovereignty and secure our borders. Statement from America First Legal Vice-President and General Counsel, Gene Hamilton: Now, the Biden Administration- which has shown nothing but seething contempt for the laws of the United States - must be made to at long last comply with the injunction,” Stephen Miller said. I was honored to consult with the State of Texas on this landmark case. “ I salute Attorney General Paxton and Attorney General Schmitt for this historic win on behalf of American sovereignty and the American citizenry. Statement from America First Legal President, Stephen Miller: The Fifth Circuit’s decision in this case, which resoundingly rejected so many of these efforts to dismantle our national sovereignty and duly-enacted laws passed by Congress, should be mandatory reading for every employee of the Departments of Justice, Homeland Security, State, and every White House employee who works on immigration issues.Īmerica First Legal applauds the State of Texas and the State of Missouri for their work against the Biden Administration’s malicious assault on our Southern border. The Biden Administration has radically turbocharged efforts that have been underway from open-borders advocates for decades, with its efforts to terminate MPP being just one example. Throughout its meticulous, 117-page decision, the Fifth Circuit rightly rejected the Biden Administration’s attempts to knowingly abandon its duties to follow federal law in the border environment.
Court of Appeals for the Fifth Circuit issued a decision delivering a resounding defeat for the Biden Administration, which had unlawfully attempted to terminate the Migrant Protection Protocols (MPP).