The 4th Circuit Court of Appeals blocked his transfer from military to Justice Department custody last week, noting differences between the criminal charges brought against him in November and the accusations made against him as an enemy combatant.
Circuit has served as a warmup box for Justices including Chief Justice John Roberts.
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Circuit is Sri Srinivasan, the principal deputy solicitor general at the Justice Department, who has argued more than 20 cases before the Supreme Court.
C. circuit is Sri Srinivasan, the principal deputy solicitor general at the Justice Department, who has argued more than 20 cases before the Supreme Court.
Rather than take matters into his own hands, the Justice Department argued to the 2nd U.S. Circuit Court of Appeals that Korman should have ordered the FDA to reconsider its options for regulating emergency contraception.
Judge Jerry Smith of the 5th Circuit responded to the president's comments by ordering the Department of Justice to submit a three-page, single-spaced memo stating the administration's position on judicial authority to invalidate unconstitutional laws.
He appears regularly at law schools around the South, as well as in states covered by the Eighth Circuit Court of Appeals, mostly in the northern Midwest. (Each Justice represents one or two Circuits, and Thomas long supervised the Eighth, though he no longer does.) Thomas rarely uses a prepared text, and often simply takes questions from students for an hour or more.
Justice Sandra Day O'Connor said the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, did not rule on the consent issue and suggested that the Supreme Court might return the case to Richmond to clarify the issue.
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The US justice department could appeal against the ruling to the full panel of the Seventh Circuit Court of Appeals or to the US Supreme Court.
What makes the Justice Department's position unimaginable is that its brief concedes that the Second Circuit's ruling got the law wrong (although the brief maintains that it fortuitously got the result right) and that it is in conflict with other circuit courts that have ruled on the issue.
Justice Sonia Sotomayor must recuse herself, having participated in the case at the Second Circuit, which ruled for the plaintiffs.
That ruling, stayed by the 9th Circuit Court of Appeals, is currently under review with a time-line for appeal by the Justice Department set for late January.
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One reason the 4th Circuit's decision was surprising was because neither party in the Dickerson case -- the defendant nor the Justice Department -- focused on the 1968 law.
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