Senator Specter Files in Supreme Court Torture Case: On Blog of Legal Times, Tony Mauro reports that Senator Arlen Specter (D-Pa.) has filed an amicus curiae brief in the case Samantar v. Yousuf. Yousuf is a human rights case addressing whether torture victims can seek damages in U.S. courts for torture conducted in a foreign state by a foreign official. Mauro writes that Senator Specter's brief argues that when Congress passed the Torture Victim Protection Act of 1991 it intended "to provide redress for egregious acts that infringe human rights and are an affront to human dignity."
Background on Noriega v. Pastrana: At Volokh Conspiracy, Kenneth Anderson gives an insiders perspective on the Court's denial of certiorari in Noriega v. Pastrana. Anderson writes that he "was involved in the Noriega saga on the front end," during his time with Human Rights Watch. He even drafted an amicus brief for Human Rights Watch submitted in the original dispute over POW status and convicted felon sentencing. Anderson's experience with the case allows him to elaborate on why Justice Thomas may have been correct to argue "that the questions presented by the United States' only POW would indeed have bearing on the status of the Geneva Conventions in US courts in its detainee litigation." To support his conclusion, Anderson turns to the 1992 district court opinion declaring Noriega to be both a convicted felon and a POW. He writes that Judge Hoeveler's decision reflects "contemporary" concerns over Article 5 status hearing tribunals and when a court or an executive should decide a prisoner's status.
Recent Supreme Court Action "In Plain English": Today, Lisa McElroy posts another installment of her "Plain English" series on SCOTUSblog. Today's post focuses on the Court's opinions in Briscoe v. Virginia and Hemi Group, LLC v. City of New York. McElroy writes that the "G...VR" of Briscoe on Monday was "unexpected...to some of us, the timing of it at least." She then comments on two aspects of the Supreme Court's decision in Hemi. McElroy believes that Chief Justice Roberts' opinion in Hemi is unique because it is a plurality that did not explain what parts of the opinion commanded a majority and which parts were only joined by a plurality. She also finds it noteworthy that Justice Sotomayor did not participate in the decision.
Ohio District Court Advises Judges to Review Images Before Sentencing: On Sentencing Law and Policy, Doug Berman posts excerpts of a "[t]horough and thoughtful district court defense of child porn guidelines."
Background on Noriega v. Pastrana: At Volokh Conspiracy, Kenneth Anderson gives an insiders perspective on the Court's denial of certiorari in Noriega v. Pastrana. Anderson writes that he "was involved in the Noriega saga on the front end," during his time with Human Rights Watch. He even drafted an amicus brief for Human Rights Watch submitted in the original dispute over POW status and convicted felon sentencing. Anderson's experience with the case allows him to elaborate on why Justice Thomas may have been correct to argue "that the questions presented by the United States' only POW would indeed have bearing on the status of the Geneva Conventions in US courts in its detainee litigation." To support his conclusion, Anderson turns to the 1992 district court opinion declaring Noriega to be both a convicted felon and a POW. He writes that Judge Hoeveler's decision reflects "contemporary" concerns over Article 5 status hearing tribunals and when a court or an executive should decide a prisoner's status.
Recent Supreme Court Action "In Plain English": Today, Lisa McElroy posts another installment of her "Plain English" series on SCOTUSblog. Today's post focuses on the Court's opinions in Briscoe v. Virginia and Hemi Group, LLC v. City of New York. McElroy writes that the "G...VR" of Briscoe on Monday was "unexpected...to some of us, the timing of it at least." She then comments on two aspects of the Supreme Court's decision in Hemi. McElroy believes that Chief Justice Roberts' opinion in Hemi is unique because it is a plurality that did not explain what parts of the opinion commanded a majority and which parts were only joined by a plurality. She also finds it noteworthy that Justice Sotomayor did not participate in the decision.
Ohio District Court Advises Judges to Review Images Before Sentencing: On Sentencing Law and Policy, Doug Berman posts excerpts of a "[t]horough and thoughtful district court defense of child porn guidelines."
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