Uighurs Denied en banc review: SCOTUSblog has been keeping us updated on the legal battle surrounding District Judge Ricardo M. Urbina’s Oct. 7 ruling that the 17 Chinese Muslim Uighurs be brought to the U.S. and temporarily released into the country. Today, Lyle Denniston posts that the en banc D.C. Circuit Court refused to review a three-judge panel’s order postponing their transfer. The order denied rehearing en banc without an opinion. Judges Janice Rogers Brown and Judith Rogers would have granted rehearing. As it currently stands, District Judge Urbina's order will be reviewed in November, with oral argument set for November 24th. The Justice Department also filed its merits brief in the case. Denniston reports the Government has argued "its agreement not to send the 17 Uighurs back to China, where they fear torture or death, did not bar it 'from exercising its sovereign power' to deny them entry into the U.S. mainland."

Justice Thomas Says It's The Brief, and Not Oral Argument That Wins A Case: At Wall Street Journal Blog, Dan Slater posted: "Justice Thomas to Judges: Shut Up and Listen." Yesterday, Justice Thomas participated in a panel discussion on professionalism at the 11th Circuit Appellate Practice Institute. There he stated, “I believe quite strongly we, as judges, need to take the approach we’re here to solve difficult problems, not debate with lawyers." Justice Thomas also told his audience that it is the brief, and not the oral argument, that will win a case. Another piece of worthy information -- keep it short. Clint Williams of the Fulton County Daily Report had this story.

Sixth Circuit Rules On Sufficient Probable Cause In Child Pornography Case: At Volokh Conspiracy Orin Kerr has a post on United States v. Hodson, a Sixth Circuit decision from September 2008. Kerr's post provides a summary of the case - its facts and its holding - and then gives some commentary on whether the Sixth Circuit correctly held police had not established probable cause to search the defendant's home for child pornography. Apparently, an undercover agent had been using internet messaging to communicate with a man who "favored young boys, liked looking at his nine- and eleven-year-old sons naked, and had even had sex with his seven-year-old nephew." When the officers obtained a search warrant, officers asked to search his home for child pornography. Child pornography was uncovered and the defendant was convicted. The Sixth Circuit reversed, holding that even though the detective had established probable cause for one crime (child molestation), he had not established probable cause for possession of child pornography. Kerr's commentary provides his thoughts on why he isn't sure the holding is correct.