Tuesday, October 21, 2008
Lyle Denniston at SCOTUSblog reports that the D.C. Circuit (in a 2-1 split) granted the government's motion to stay pending appeal Judge Urbina's order to release the Uighus into the U.S. (See my previous posts on the Uighurs under the Executive Authority tag.) Check out Judge Roger's dissent, especially at page 2 (of the opinion, not the pdf file), which addresses the likelihood of success on the merits of the government's arguments, including the government's separation-of-powers argument--that the political branches have "plenary power over immigration"--which Judge Rogers calls "inadequate and untrue," a "misstate[ment] of the law."
Denniston also reports on the Uighurs' petition for en banc review here.
Thanks to Lyle Denniston and the team at SCOTUSblog for posting the order and petition and for staying on top of this.