Lately I’ve been spending a
lot of effort on some big-time bail cases – one recent one even involved filing
a brief in the United States Supreme Court. But can you guess who’s not
involved in any of these cases? That’s right, the bail insurance companies.
Even though these cases deal
with pretrial release (bail) and detention (no bail) – how to do it, what makes
it constitutional, etc., – the bail insurance companies either don’t know about
them or they don’t care because technically the cases don’t involve directly taking
away their money.
That’s a mistake, though, because
a bunch of us know that what the Supreme Court says about detention for, say,
immigration cases, will likely foreshadow a future ruling on money bail.
The insurance companies are
winging it. While they’re spending all their time and effort on motions
hearings, some really big stuff is happening that will affect their industry more
than they think.
If you’re in the bail industry, but you don’t care
enough about bail apparently even to know about these other cases, what in the
world are you doing?