"For two terms in a row now, the Supreme Court has endorsed the most extreme interpretation of immigration detention statutes, allowing mass incarceration of people without any hearing, simply because they are defending themselves against a deportation charge", said Cecillia Wang, the ACLU's deputy director. They said if his crimes instead "reflect the transient immaturity of youth" he's entitled to a sentence short of life without parole. Over three weeks, Muhammad and Malvo shot people as they went about everyday activities.
President Trump threw more cold-water on the Democrats' recent push to increase the number of Supreme Court Justices to 15; saying "we have absolutely no interest in doing that" and personally "guaranteeing" it won't happen for at least six years.
The judges said, "Malvo was 17 years old when he committed the murders, and he now has the retroactive benefit of new constitutional rules that treat juveniles differently for sentencing". It said the death penalty was off-limits for juveniles, and in 2012 said that mandatory life sentences without the possibility of parole were unconstitutional for those under 18.
If Malvo wins, he and others in cases involving certain crimes committed by minors could receive more lenient sentences.
Malvo's Maryland sentences were upheld in 2017. If the person is not detained within that time, they should get a hearing where they can argue for their release, Breyer wrote.
At issue is a 2012 Supreme Court ruling that said juveniles can not be given mandatory life-without-parole sentences unless they committed murder or were determined permanently incorrigible. As is typical, the justices did not make any comment in agreeing to hear the case, which likely will be heard in the fall.
An FBI analyst was killed as she stood in the parking lot of a Home Depot.
The court ruled 5-4 along ideological lines, with its conservative justices in the majority and its liberal justices dissenting, that federal authorities could pick up such immigrants and place them into indefinite detention anytime, not just immediately after they finish their prison sentences.
-The justices will decide whether convictions by non-unanimous juries in criminal cases violate the Constitution.