Appellate Law

An Easter Egg in the DTA: Does it Apply to the CAAF?

By S. COTUS

While the lay people have been crowing about the ?suspension? of habeas corpus (which probably never happened), some lawyers have made the argument that 28 USC 2241 (e)(2), does not remove the jurisdiction of the US Court of Appeals for the Armed Forces (an ?Article I Court? staffed by civilian judges -- but if you don't know that you should not be reading this blog).  Some firms called Baker and McKenzie and Kramer Levin Naftalis & Frankel filed a petition for mandamus and prohibition, etc.  (Remember the old days when people would be intimidated by the likes of Cully Stimson.)  You can read the brief on the National Institute of Military Justice?s Website here.  NIMJ is also looking to hire two people in DC. 

Full post as published by Appellate Law and Practice on March 22, 2008 (boomark / email).