BREAKING: US Court of Appeals Rules Monetary Bail and Bail Schedules Constitutional

US Court of Appeals for the 11th Circuit rule monetary bail and bail schedules Constitutional after years of litigation.


After three years of ongoing litigation kicked off by then U.S. Attorney General Eric Holder in Clanton, Alabama, the U.S. Court of Appeals for the Eleventh Circuit has finally ruled on Walker v. Calhoun that money bail and bail schedules are constitutional.

US Court of Appeals, 11th Circuit Ruling

In this historic bail case, the Court held that it was proper to analyze the claims of wealth based discrimination under the equal protection clause, but held that if there was sufficient due process in the form of a review by a judge within 48 hours, then rational basis review only applies.

The decision was a 2-1 decision by the Court, with Judge Martin authoring a lengthy dissent arguing for heightened scrutiny under the equal protection clause.

Expected next is a motion by the Plaintiffs to seek en banc review by all of the judges on the Eleventh Circuit.  The Plaintiffs may also apply for certiorari before the U.S. Supreme Court.

Said American Bail Coalition’s Executive Director, Jeff Clayton:

“Having just moments ago scanned through the decision, I can tell you with absolute confidence that we have prevailed in our historic defense of America’s bail system.  I want to thank all of our key partners in this effort.  You know how you are, and I sincerely thank all of you for believing in this effort.”


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