The majority opinion of the D.C. Circuit Court of Appeals, reversing Judge Ricardo Urbina’s lawless order that 17 Uighur detainees be released in the United States, is emphatic. A sampling:
Justice Frankfurter summarized the law as it continues to this day: “Ever since national States have come into being, the right of the people to enjoy the hospitality of a State of which they are not citizens has been a matter of political determination by each State” – a matter “wholly outside the concern and competence of the Judiciary.”
Predictably, though she concurred in the judgment reached by the three-judge panel, Judge Judith W. Rogers (who, as I recounted here, has in this case previously equated the training received by jihadists in terrorist camps with the training received by Americans who own firearms), insists that, due to the Supreme Court’s awful Boumediene decision, federal judges now do have the power to order detainees released in the U.S. — she just thinks Judge Urbina acted a bit “prematurely.” I continue to be very concerned that there are at least four, and perhaps five, Supreme Court justices who would agree.