Appellate courts reticent to get involved in interagency disputes.

Saturday, November 30th, 2013

Government agencies. There are lots of them. Their functions overlap. People uninvolved from day to day with the interaction of government agencies and learn about them from the media are probably most aware of the interactivity of the intelligence agencies. A fault found after 9-11 was the failure of the many intelligence agencies and law enforcement agencies with intelligence functions to interact. Immigration law execution and enforcement are controlled by several agencies in different departments. There is the Department of…

Final big case with little splash – this time about mandatory detention

Sunday, August 4th, 2013

I have been writing about recent Ninth Circuit cases that to me seem very significant, but have been overlooked by the pundit class. The last one is a mandatory detention case, Rodriguez v. Robbins, decided on April 16, 2013. In the case, based on 9th Circuit precedent and the doctrine of constitutional avoidance, the Ninth Circuit affirmed a preliminary injunction in favor of aliens being detained by Immigration and Customs Enforcement in excess of six months. The injunction holds that…