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Monday, June 11, 2007

Welcome Back Habeas Corpus

posted by on June 11 at 18:33 PM

… we’ve missed you. The 4th Circuit United States Court of Appeals has ordered the release of a man held by George W Bush as an “enemy combatant.”

Judge Diana Gribbon Motz, from the decision:

To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them “enemy combatants,” would have disastrous consequences for the Constitution — and the country.”

(Emphasis added)

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Thank God. Too bad I have zero faith that The Supremes won't just reverse that decision.

Posted by arduous | June 11, 2007 6:46 PM

Fuck yes bitches! I doubt it will stay, but shit...gotta get excited when at least one thing goes our way...

Posted by Original Monique | June 11, 2007 6:57 PM

I'm guessing George won't be nominating Judge Motz for the supreme court anytime soon then, huh?

Posted by monkey | June 11, 2007 7:41 PM

did they let our enemy combatant friend go? somehow i don't think they will just yet...

Posted by maxsolomon | June 11, 2007 9:03 PM

I wonder how long until Rove is knocking on their doors and suggesting they retire.

Posted by Gitai | June 11, 2007 10:57 PM

Ok. I'm a court watcher. And this decision is very, very endangered. Look at the panel. The 4th Circuit is the most conservative court in the country, with the possible exception of the DC Circuit and the 5th Circuit. The panel that decided the case, however, had two of the only liberals in the Circuit on it. Motz is an old liberal from Baltimore. And Gregory is the lone African American appointed by Clinton on the 4th Circuit. In other words, by some freak coincidence, this case was heard by a majority liberal panel on a majority nut-ball conservative court.

The case doesn't even have to go to the Supreme Court to be overturned. The 4th Circuit itself, can do it. Each of the Federal Courts of Appeals has the power to review a panel decision of the court and reverse it if a majority of the active, non-recused sitting judges agrees to do it. The process in called en banc review.

So don't hold your breath kids. This decision may not have much staying power.

Posted by Jonathan | June 12, 2007 7:51 AM


Or they'll find cyanide in their creme brulee.

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