Mary B. McCord , Georgetown University Law Center, WASHINGTON, DC, Amicus Curiae for FORMER DISTRICT AND STATE'S ATTORNEYS, STATE ATTORNEYS GENERAL, U.S. ATTORNEYS, ASSISTANT U.S. ATTORNEYS, LAW ENFORCEMENT AND DEPT. OF JUSTICE OFFICIALS, CURRENT AND FORMER DISTRICT AND STATE'S ATTORNEYS, STATE ATTORNEYS GENERAL, UNITED STATES ATTORNEYS, ASSISTANT UNITED STATES ATTORNEYS, LAW ENFORCEMENT AND DEPARTMENT OF JUSTICE OFFICIALS.
Erin H. Flynn , Tovah Calderon , U.S. Department of Justice, Civil Rights Division, Appellate Section, WASHINGTON, DC, Amicus Curiae for UNITED STATES.
Ed R. Haden , Chase T. Espy , Balch & Bingham, LLP, BIRMINGHAM, AL, Amicus Curiae for ALABAMA MUNICIPAL INSURANCE CORPORATION, THE ALABAMA LEAGUE OF MUNICIPALITIES.
Susan J. Moore , Georgia Municipal Association, ATLANTA, GA, Amicus Curiae for GEORGIA MUNICIPAL ASSOCIATION, INC., INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION.
Ilya Shapiro , Cato Institute, WASHINGTON, DC, Amicus Curiae for CATO INSTITUTE.
Ashwin Pradyumna Phatak , Constitutional Accountability Center, WASHINGTON, DC, Amicus Curiae for CONSTITUTIONAL ACCOUNTABILITY CENTER.
Emily Early , Southern Poverty Law Center, MONTGOMERY, AL, Amicus Curiae for SOUTHERN POVERTY LAW CENTER.
Hilarie Fran Bass , Greenberg Traurig, LLP, MIAMI, FL, Amicus Curiae for AMERICAN BAR ASSOCIATION.
Sean J. Young , ACLU of Georgia, ATLANTA, GA, Amicus Curiae for AMERICAN CIVIL LIBERTIES UNION OF GEORGIA, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.
Before MARTIN, JULIE CARNES, and O'SCANNLAIN, Circuit Judges.
O'SCANNLAIN, Circuit Judge:
We must decide what process the Constitution requires in setting bail for indigent arrestees.
I
A
When this lawsuit began, Maurice Walker was a 54-year-old unemployed man with a mental health disability, whose income consisted only of $530 in monthly Social Security disability payments. On...
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