Wednesday, January 03, 2007

I am amicus curiae (they are yellow)

posted by The Vidiot @ 4:07 PM Permalink

Court won't consider judges' arguments

An appeals court considering whether Guantanamo Bay detainees have constitutional rights said Friday that it will not accept arguments by seven retired federal judges who oppose a new U.S. anti-terrorism law.
Seven federal judges from both political parties filed friend-of-the-court briefs in November urging the appeals court to declare key parts of the new law unconstitutional. They said the law, which sets up military commissions to hear terror cases, "challenges the integrity of our judicial system" and effectively sanctions the use of torture.

In a 2-1 decision Friday, a panel of the U.S. Court of Appeals for the District of Columbia Circuit said it would not accept that brief on a legal technicality, saying the title "judge" should not be used to describe former judges in legal proceedings.
They rejected 7 former federal judges' friend-of-the-court (AKA amicus curiae) brief on a legal technicality!? Because they no longer hold the office!?

Well, excuuuuse me! The Supreme Court, in legal proceedings, and the Senate, in introducing bills, have no reservations about using the term 'Judge' to refer to folks who have only briefly held that office. But maybe that's just because in those cases it was Judge Starr.


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