Monday, March 20, 2017

Judge Bybee writes dissent in Ninth Circuit’s denial of rehearing on Travel Ban EO


-- A few weeks ago we were all wondering what judge on the Ninth Circuit asked for a rehearing en banc with regard to Washington v. Trump (Travel Ban Executive Order I). The Ninth Circuit declined to rehear the case and issued its order on March 15, 2017. It’s still unclear who asked for the rehearing, but Ninth Circuit Court of Appeals Judge Bybee has treated us to a rollicking dissent from the latest order.

You may recognize the name – Jay Bybee. He has been on the Ninth Circuit since 2003, but you probably wouldn’t know him from that. He is instead better known as the Justice Department attorney who signed off on the “torture memos.” These were the writings that established the legal basis for enhanced interrogation under President George W. Bush.


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