Wednesday, February 18, 2009

"(Don't) stop me if you've heard this one before!"

The D.C. Circuit issues another opinion disfavoring Gitmo inmates, this time the Uighur Turks whom the district court had ordered to be released into the U.S.

Orin Kerr says most of what needs to be said about it, so I'll just steal his post:
Although it's date-stamped with today's date, I swear I have read this DC Circuit Gitmo decision before. It's an opinion by Judge Randolph, ruling against Guantanamo detainees seeking release, that downplays the Supreme Court's Gitmo cases and cites Johnson v. Eisentrager along the way. I can't quite place it. Did I read this in 2003, in the opinion reversed in Rasul? Or was it 2007, in the opinion reversed in Boumediene?

Of course, the legal issue in today's case is different. Still, after Judge Randolph thumbed his nose at the Supreme Court in his Boumediene opinion, it seems hard not to notice the similarities. See Judge Rogers' concurrence for more.

Indeed. Rogers is all like "uh, look at what the Supreme Court keeps saying!" and Randolph is all "distinguishable, if you really really really don't like what the Supreme Court says, WHICH I DON'T!"

Now to see what Obama's DOJ does with this.

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