(3-judge panel, 9th Circuit) Rules ALL GITMO detainees must have access to an attorney

Fox

[Dog]

AP via Fox news alert..

Lord help us from the judges..

[sarasota]

And they should be dressed in clown suits.

[Grut]

The detainees are on foreign soil outside the reach of the Constitution and the emperor-judges.

However, the US government isn't outside the reach of the Constitution - regardless of where a particular facility is - because the government has no existence except through the Constitution.

[hispanarepublicana]

Christmas comes early for the nation's ambulance chasers/ACLU.

[omega4412]

"John Marshall has made his decision, now let him enforce it." Andrew Jackson, 1832

http://en2.wikipedia.org/wiki/Andrew_Jackson

[expatguy]

It wasn't the 9th Circus... they would have given the GITMO detainees the right to vote.

Dont forget their right to a California drivers license.

[chambley1]

Milton I. Shadur (from the October, 1991 evaluation)

http://www.chicagocouncil.org/news/fd_evaluations/northern_district/miltoni.htm

Judge Shadur, 67, was appointed by President Carter in 1980, on the recommendation of Senator Stevenson. He graduated from the University of Chicago Law School in 1949. In 1949 he joined the predecessor firm of Miller, Shakman, Hamilton & Kurtzon, and remained at that firm until he joined the Court in 1980. His practice was primarily as a corporate and real estate lawyer, although he did have limited litigation experience, including as counsel to the Illinois Judicial Inquiry Board.

Judge Shadur is a highly intelligent judge, and is considered by most lawyers to be an excellent judge. All agree that he is exceptionally hard-working, knowledgeable, and incisive, and with high integrity. In person, he is courteous to lawyers. Most lawyers report that he is a very good trial judge.

When Judge Shadur first came on the bench, there was a substantial view that he would prejudge issues or cases and use his brilliance to make sure that the case reached the result he considered appropriate. The view today is much less harsh. Most lawyers believe that Judge Shadur is now more open to differing views. Once Judge Shadur has made up his mind, however, it is very difficult to persuade him to change it.

Judge Shadur has the unusual practice of reading every complaint -- and perhaps every piece of paper -- as it comes in. He frequently will order plaintiffs to defend the adequacy of their pleading before any motion is filed. This practice is unusual and many lawyers resent it. It is efficient, however, and not unfair, as long as he remains open to argument.

Judge Shadur is a prolific writer. This is both a strength and a weakness. The variety of precedent he provides, and the quality of his work, is important to advancing the law. On the other hand, he sometimes publishes too much, and he occasionally makes matters more complex than they need be.

Many lawyers object to Judge Shadur's practice of freely criticizing attorneys in his written opinions. The Council believes that it is entirely appropriate for judges to criticize attorneys who have significantly violated ethical norms and professional obligations. Many attorneys feel, however, that Judge Shadur's criticisms often relate to minutiae, rather than legitimate criticism of serious defects in the attorney's work. In addition, some lawyers believe that it is unfair for a court to criticize lawyers in public, without giving the attorney the opportunity to defend himself or herself first.

Judge Shadur has a reputation as an activist judge. In earlier years, he would frequently attempt to stretch Seventh Circuit precedents if the result he believed appropriate was not supported by the precedent. Due to his activist approach, Judge Shadur had a high reversal rate in the early to mid-1980's. In recent years, this type of activism seems to have diminished.

Judge Shadur is clearly one of the brightest judges anywhere on the federal bench. His temperament and demeanor have improved. Although some lawyers believe he still tends to prejudge issues, unnecessarily criticize lawyers, and overintellectualize certain matters, most lawyers now believe that he is an excellent judge.

[sarasota]

Perhaps by remembering that it's a San Francisco scenario you will rest easier?

[Sender]

Drop the Gitmo detainees in the water just outside the US shoreline boundary and let them swim for it. Any who make it to shore can then begin the process of deportation as illegal immigrants. Those who don't make it, well they have their virgins already lined up.

[the Real fifi]

Two words:Interim Appointments

[clintonh8r]

This just in: 9th Circuit Rules Constitution Unconstitutional.

[WhistlingPastTheGraveyard]

Meaningless, except that it's a step along the way for SCOTUS to make the final ruling.

SCOTUS is a court of One, and the One is Sandra Day O'Connor. That's not even remotely comforting.

[Normal4me]

"The San Francisco appeals court, ruling Thursday on a petition from a relative of a Libyan the U.S. military captured in Afghanistan, said the Bush administration's indefinite detention of the men runs contrary to American ideals."

Welcome to America! It is PAST time to seal our borders and expel our enemies!

[Mo1]

More than unbelievable- they are treasonous. Does their ruling violate the Patriot Act? Where does the PA fit into this ruling? I can't believe that my tax dollars will go to help defend these terrorists...

To be honest, I'm not sure .. I am still in shock over this ruling

The 9th Circut needs to be impeached as for as I am concerned

[MinuteGal]

.....and next week, the Ninth Circus will rule the President must free Saddam.

Leni

[WestCoastGal]

Let's put the judges in Gitmo and send the other murdering SOB's back to Saudi Arabia. Or, we can just release all the murderers to live in a house next door to the judges!!!!

[Arrowhead1952]

This is a totally Barbra Streisand decision.

[Liberty Valance]

Exactly...send 'em back and let Afghanistan handle them. I do not want my tax dollars going to support these terrorists!

[eureka!]

Another Rheinhart production, indeed, even cites the NY Times. I looked through it at the link and the dissent. The latter is the sounder reasoning, IMHO.

[Poohbah]

Two words:Interim Appointments

Three words after that: "Pass the hat."

Recess Appointments are unpaid.

[jimbo123]

Court ruled Gitmo is US territory, not Cuban.