All Blog Posts from Courtwatch

The good news for detainees at Bagram Air Force Base is that the Obama Administration is set to implement new policies that will give them more due process rights. The bad news for the terror-law suspects in Afghanistan is that these new rules only raise their legal status to the lowly (and still largely undefined) one held by detainees currently held by American forces at Guantanamo Bay, Cuba. Be grateful for small favors, right?

Right -- especially after a particularly harsh summer of discontent at Bagram, where the once "secret" prison has become for some the latest symbol of overzealous American prosecution of the war on terrorism. There have been hunger strikes there, and allegations of abuse and other chaos, and most of all lawsuits brought by the detainees seeking to have some sort of independent and fair review of the government's rationale and evidence justifying their confinement.

The White House's reluctant (and, some say, belated) decision to overturn Bush-era policies toward the Bagram detainees, to give them equal rights with the Gitmo detainees, would make more sense if the military commission rules at Gitmo were stable, well-defined, and legally-recognized by the federal courts. They are neither of the three.

Gitmo detainees themselves continue to reside in a legal netherworld; so much so that one of the "worst of the worst" there, 9/11 conspirator Ramzi Binalshibh, got his lawyers to file a motion last week reminding the federal judiciary that the Gitmo pre-trial process is a mess.

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Sotomayor ends up with more votes than Samuel Alito and fewer votes than John Roberts and in the end no one is going to remember the margins. She'll now prepare to settle in to the Court, and to a new city, and I'm sure she's already had a peek at some of the briefs in cases she'll begin to help decide when the new term begins in a few weeks.

In some ways this was an easy one for the White House. The president's party controls the Senate by a filibuster-proof majority, the White House selected a nominee with great political symbolism for Hispanics, and Sotomayor had twice been vetted by the Congress over 17 years on the federal bench.

She's not likely to have a huge impact on the Court's ideological makeup because in some ways she's the same sort of moderate liberal that her predecessor, David Souter was. And you can even argue that she is likely to be MORE conservative than he was in certain kinds of cases, like business or law enforcement cases.

It's been ages since CourtWatch offered up one of its early staples; the in-your-face question-and-answer session. Why now? Because it's the middle of summer, dog-days-time, and the law's annual hibernation period is starting to set in all across the country.

Lawyers and judges, plaintiffs and defendants, witnesses and bailiffs, all are heading out, or already have, for their summer breaks. The Justices of the United States Supreme Court have scattered from Washington to the four corners of the world - speaking and teaching about what they do and why. But I am still here. And there are still a few decent legal stories swirling around that merit at least a little attention. So let's begin.

What's going to happen if there is a manslaughter charge against one or more of the doctors who were caring for Michael Jackson at the time of his death?

The most likely charge, based upon what little we now know, would be "involuntary manslaughter," a crime punishable by up to four years in prison. The key element of "involuntarily manslaughter" is a notoriously low bar; anyone who acts "without due caution and circumspection" in the commission of a "lawful act which might produce death" may be convicted. Would the mere administration of drugs do the trick? Stay tuned.




What's the deal with the Obama Administration delaying its report on how to close down the prison at Guantanamo Bay, Cuba?

In my family, we call what Team Obama did on this issue back in January "big eyes." As in, the White House and Justice Department had "big eyes" (unrealistic expectations) about how quickly they could transfers all of the terror detainees to other venues for trial or release or what have you. The fact is, the Bush Administration was trying to do the same for years without success. And "success"—the closing down of the miserable place—will only come when our leaders recognize the need for a new court system specifically designed for these men.

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Below are my top 10 contenders for the Supreme Court vacancy created by Justice Souter's retirement. Take a look and then vote for your top prediction. Or let me know who I forgot in the comments.

Jennifer Granholm: Michigan's governor is bright, has a ton of experience in politics, and has the Harvard Law School connection. It’s hers to lose.


Christine O. Gregoire: Another female governor from Democratic state (Washington) but she’s not as experienced in the law as Granholm. Long, longshot.


Elena Kagan: Obama's Solicitor General may be too liberal, and might not have enough experience, to be considered seriously this time around. But after some seasoning before Court she might get to go behind the bench down the road.

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