U.S. Court of Appeals for the Fifth Circuit Issues Ruling Dramatically Limiting Federal Judge’s Order in Houston Bail Case: Bail Schedules May Be Used And There is No Right to An “Affordable Bail”

“The Fifth Circuit affirmed in part and reversed in part Judge Rosenthal’s decision. This decision, we would point out, is consistent with what we have been saying all along—a bail schedule is constitutional if the procedures for review of a bail were adequate, meaning there was a timely and meaningful opportunity to be heard, including as to indigency. The Court held that “bail is not purely defined by what the detainee can afford,” which is a win against any legal theory that says affordability can be the determining factor. Thus, bail is not ever per se unconstitutional because someone cannot afford it.”

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