The U.S. Supreme Court on Thursday, denied Maricopa County’s request to stay a ruling by the Ninth Circuit Court of Appeals overturning Proposition 100, the voter approved initiative that denies bail to undocumented suspects charged with serious crimes.
“We are obviously disappointed at the failure of the Supreme Court to grant a stay,” said Maricopa County Attorney Boll Montgomery. “While the subject matter of the case, safeguarding Arizona residents and ensuring the appearance in court by defendants who have committed a serious offense under state law and who are contemporaneously in violation of federal law, is important, also important is the serial disregard of the system of federalism that the Ninth Circuit Court of Appeals habitually ignores and which only the Supreme Court can redress. In the weeks ahead, we will endeavor to meet the challenge of responding to motions to review conditions of release that will now be filed as a consequence of the Ninth Circuit’s callous rejection of legitimate state interests and the Supreme Court’s disappointing indifference. We will seek certiorari to give the Supreme Court the opportunity to rectify the Ninth Circuit’s action and to further our legitimate state concerns and interests in safeguarding the public and securing defendants’ appearance in court.”
The Court lifted the stay that had been granted by Justice Anthony Kennedy at the request of Montgomery.
Proposition 100 made those charged with serious felony offenses, who are in the country illegally ineligible for bail.