D.C. Circuit Upholds Jurisdiction-Stripping of Guantanamo Habeas Claims

This is the “Al Odah” case, although it may end up captioned differently (Boumediene v. Bush, 05-5062 (D.C. Cir., Feb. 20, 2007)). Text of the 2-1 decision by Judge Randolph for himself and Judge Sentelle. There's a long and persuasive dissent by Judge Rodgers, noting that the Supreme Court, at least in dicta, appears to hold a different view about key elements of the case.

If Sandra Day O’Connor were still on the Supreme Court, I'd predict reversal with some confidence. Now, I'm not as sure, but I still think there is a good chance that there are at least five votes left to overturn this. I suspect that there is, however, no real chance it would be overturned en banc in the D.C. Circuit. That court has become astoundingly right-wing as of late.

This entry was posted in Guantanamo. Bookmark the permalink.

2 Responses to D.C. Circuit Upholds Jurisdiction-Stripping of Guantanamo Habeas Claims

  1. Joe says:

    Michael, I’m not sure of Judge Rogers’ reversal rate, but I suspect that it’s pretty low. There are people in DC who remember her tenure in DC City government. She knows her stuff. After reading her dissent, I wouldn’t be surprised if the Supreme Court disagrees with the majority.

  2. Patrick (G) says:

    For any judge to willingly cooperate with this naked attempt at castration of the judicial branch is incomprehensible. Who would thereafter willingly agree to put a case before such adle-witted buffoons so obviously lacking in judgement ?

    When you get down to it, Habeas Corpus is the Foundation on which the Judicial Branch rests. Take away Habeas Corpus and the judicial branch is made irrelevant.

    If these so-called judges do not have the dignity to defend the purpose and power of their office, they have no business wearing judicial cloaks.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Notify me of followup comments via e-mail. You can also subscribe without commenting.