Posted by Orin Kerr:
It's Gitmo Deja Vu:
http://volokh.com/archives/archive_2009_02_15-2009_02_21.shtml#1234981271
I swear I have read [1]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 [2]2003? Or was it [3]2007?
Of course, the legal issue in today's case is different. Still,
after Judge Randolph thumbed his nose at the Supreme Court in his
[4]Boumediene opinion, it seems hard not to notice the similarities.
Thanks to [5]Howard for the link. (Note to commenters: Based on past
experience, threads on topics like this can bring out the worst in
commenters: Passions run high, legal analysis tends to be weak, and
accusations of hackery run amuck. If that happens here, I'll just
delete the comment thread. Feel free not to comment if that
possibility bothers you.)
References
1. http://pacer.cadc.uscourts.gov/common/opinions/200902/08-5424-1165428.pdf
2.
http://bulk.resource.org/courts.gov/c/F3/321/321.F3d.1134.02-5288.02-5284.02-5251.html
3.
http://bulk.resource.org/courts.gov/c/F3/476/476.F3d.981.05-5109.05-5110.05-5108.05-5107.05-5106.html
4.
http://bulk.resource.org/courts.gov/c/F3/476/476.F3d.981.05-5109.05-5110.05-5108.05-5107.05-5106.html
5. http://howappealing.law.com/021809.html#032638
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