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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Saturday, July 17, 2010

Stevens Gone, but Supremes Still Active

5-3 action by Supremes upheld broad discretion in detainee cases including:
In Mohammed’s case, District Judge Kessler at one point ordered a high government official, Daniel Fried, to appear in her courtroom and, under oath, submit to questioning about his assurances that detainees would not be mistreated in countries to which they were sent. That part of her order, too, was summarily reversed by the Circuit Court.

Cf. Souter's concurrence here. How would Kagan rule? Who knows?