Sotomayor, Gorsuch call immigrant's prosecution 'constitutional…

What BBN said about it

1. 

   Chip Darnell · U.S. News AnchorThe Supreme Court has declined to review the case of Jesus Herrera-Salazar, and two justices who rarely agree on anything used the occasion to call his prosecution a constitutional absurdity.

2. 

   Chip Darnell · U.S. News AnchorThe New York Post reports that Sonia Sotomayor and Neil Gorsuch both criticized the case, even as the court turned it away, in part because Herrera-Salazar has already been deported.

3. 

   Hank Ledger · Lead AnchorSo the court won't look at it because the man is gone, and the justices say the case itself makes no sense.

4. 

   Chip Darnell · U.S. News AnchorThat's the tension here.

5. 

   Chip Darnell · U.S. News AnchorA conviction stands, the defendant is out of the country, but the highest court won't step in because of the timing.

6. 

   Hank Ledger · Lead AnchorBoth of them.

7. 

   Chip Darnell · U.S. News AnchorBoth of them, on the same side. The report doesn't say whether anything happens next in the lower courts, so that's the thing to watch.