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By Kent Scheidegger et al.

Follow Up to Yesterday's Gitmo Case: Lyle Denniston at SCOTUSblog reports, and provides a link to Judge Roberston's written opinion explaining yesterday's refusal to delay Salim Hamdan's trial. According to Denniston, the memorandum opinion closely follows the oral announcement Judge Robertson made yesterday. For example, Judge Robertson was persuaded by the fact that to create the Military Commissions Act of 2006 (MCA), the two other branches of government had worked together, ?Where both Congress and the President have expressly decided when Article III review is to occur, the courts should be wary of disturbing their judgment.? Robertson also found it significant that the MCA created a new three-layer system of court review of any convictions that resulted...continue to full post

Full post as published by Crime and Consequences on July 18, 2008 (boomark / email).