Monday, January 25, 2010

Supreme Court Declines To Review Eleventh Circuit's Decision On Manuel Noriega Extradition

The Supreme Court issued an order today denying the petition for certioari filed by General Manuel Noriega, the former head ofthe Panamanian Defense Forces.  Justice Thomas wrote a dissent and was joined by Justice Scalia.  The dissent can be found HERE and stated:
“[I]n our tripartite system of government,” it is the dutyof this Court to “say ‘what the law is.’ ” Boumediene v. Bush, 553 U. S. ___ (2008) (slip op., at 36) (quoting Marbury v. Madison, 1 Cranch 137, 177 (1803)). This duty isparticularly compelling in cases that present an opportu-nity to decide the constitutionality or enforceability of federal statutes in a manner “insulated from the pressures of the moment,” and in time to guide courts and the political branches in resolving difficult questions concerning the proper “exercise of governmental power.” Hamdan v. Rumsfeld, 548 U. S. 557, 637 (2006) (KENNEDY, J., concurring in part); see generally Sanchez-Llamas v. Oregon, 548 U. S. 331, 353–354 (2006); Hamdan, supra, at 588 (quot-ing Ex parte Quirin, 317 U. S. 1, 19 (1942)). This is such a case.
The Eleventh Circuit's decision was previously discussed HERE.  Articles about the Supreme Court's decision can be found at the following links: BBC NewsMSNBC, and


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