If you have "no place to go," come here!

Bringing the executive back under the rule of law is so much more important than Arlen crossing the aisle

So go read Glenn on the 9th Circuit's rejection of the Bush/Obama claims on state secrecy.

Via the inventor of the term "11-dimensional chess," BTD.

NOTE As BTD points out, the next move in the game of 11 dimensional chess will undoubtedly be to appeal to the Bush Court. The nice thing about 11 dimensional theories is that there's no way to falsify them....

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lizpolaris's picture
Submitted by lizpolaris on

argument. Hmm, I'm not good at this 11th dimensional chess. If Obama DOJ appeals to the Supreme Court, that's a good move in that game but a bad move in real life? If I'm against the Bush policy, I'm for the ACLU victory here. But if I'm against Obama policy, I'm racist. Who hates me again or do I hate someone? That information is probably secret.

Submitted by jawbone on

Right now, the 9th's decision is law in the 9th circuit, but is essentially advisory in other circuits. SCOTUS can accept an appeal, should it be made, or deny that appeal. Refusing to take the appeal would leave things as they are, but if another appeals court rules differently (such as the DC court), then it would have to take the case. I think. IANAL.

Looks like there are several decision points now: Obama's DOJ must decide whether to appeal or not and where to appeal: ask for decision by entire panel in the 9th, go to Supremes, wait for the lower court's analysis of which documents should remain secret, perhaps appeal those (which can really stretch things out), do nothing.

This should be very interesting, especially in light of Obama's comments about protecting the security of the nation by adhereing to BushBoy's secrecy claims.

Will Obama feel better served by SCOTUS as if is presently constituted, take a new approach, or wait for new justices if possible?