Former U.S. Solicitor General Paul Clement to Argue on Behalf of the American Bail Coalition, Tuesday, May 15, 2018

U.S. Court of Appeals for the 11th Circuit to hear oral arguments in key bail case, Tuesday, May 15, 2018

May 12, 2018


The United States Court of Appeals for the Eleventh Circuit, one level below the U.S. Supreme Court, will hear oral argument in Atlanta on Tuesday in the case of Walker v. City of Calhoun, Georgia, which is one of three key cases that will ultimately decide whether bail schedules and monetary bail is constitutional in the United States.

The American Bail Coalition is the only national bail association that has been involved in all of these critical cases, devoting significant resources to engage General Clement to match the legal heavy hitters hired by the activists side, including Former U.S. Solicitor General and Bill Clinton impeachment lawyer Seth Waxman.

Of course, in cooperation with the Professional Bondsmen of Texas and Harris County Bondsmen’s Association, the U.S. Court of Appeals for the Fifth Circuit dealt the activists a major blow by holding that bail schedules are indeed constitutional, and that there is no right to “affordable bail” in the United States of America.  General Clement and the efforts of his team were critical in getting the 3-0 decision to overturn Judge Rosenthal’s order.

Former US Solicitor General Paul Clement

The American Bail Coalition, in addition to other surety insurance companies, first teamed up with the Georgia Association of Professional Bondsmen (GAPB) to hire General Clement when the Walker case made its first trip to the U.S. Court of Appeals for the Eleventh Circuit.  The Court eventually sent the case back to Judge Harold Murphy on a technicality.  Judge Murphy then corrected the technicality, and held once again that there is a right to an affordable bail in the United States, and that if a person who cannot afford bail sits for one microsecond longer than a person who can afford bail such a situation is unconstitutional.  Bail schedules, under Judge Murphy’s order, are unconstitutional.

As a result, the American Bail Coalition along with our key partner, the Georgia Association of Professional Bondsmen, made the important decision to have General Clement request time to argue on our behalf.  The Court granted the request, and now General Clement will proceed to Atlanta, and for the first time argue on our behalf in open court rather than just on the briefs.

“This is a historical moment in the history of our industry and the misguided movement of the other side.  I could not be more pleased that General Clement will directly take up our cause in Atlanta before the Court on Tuesday.  I also cannot say enough about how proud we are to continue to work with GAPB and other industry stakeholders.  We have set the standard for cooperation in this industry, by first engaging General Clement, then expending significant time and resources to persuade the U.S. Department of Justice to reverse course in the case, which they did, and now having General Clement argue directly on our behalf.” – Jeff Clayton, Executive Director, American Bail Coalition

The oral argument session will commence on Tuesday, May 15, 2018 at 9:00 am.  A decision in the case is expected several months after the oral argument session concludes.


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