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Hornberger’s Blog, April 2009

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Thursday, April 30, 2009 The Ninth Circuit v. the CIA by Jacob G. Hornberger The omnipotent power claimed by the CIA was dealt a major blow Tuesday by the Ninth Circuit Court of Appeals in the case of Binyam Mohamed et al v. Jeppesen Dataplan, Inc. The five plaintiffs are victims of the CIA’s kidnapping, rendition, and torture program. All five were kidnapped overseas by CIA agents, transferred to brutal but CIA-friendly foreign regimes, and tortured. They filed suit against the provider of the airplane that did the transporting—Jeppesen Dataplan, Inc. Before Jeppesen even filed an answer to the lawsuit, the U.S. government intervened and requested an immediate dismissal of the case on the ground that to permit it to go forward would result in the disclosure of “state secrets” that were vital to “national security.”

Hornberger’s Blog, May 2009

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Friday, May 29, 2009 The Sotomayor Nomination Is another Yawner for Libertarians by Jacob G. Hornberger As a libertarian, it’s hard for me to get all worked up over President Barack Obama’s nomination of Sonia Sotomayor to the Supreme Court, as conservatives and liberals are now doing. The only time I’d ever get excited about a Supreme Court nomination is if someone with a libertarian philosophy were nominated, such as Randy Barnett, Richard Epstein, or Andrew Napolitano. Heck, I’d also be excited over the nomination of what I would call principled liberals, such as Glenn Greenwald, Jonathan Turley, Joanne Mariner, and Joseph Margulies. Conservative Bruce Fein would be another great selection. But a standard mainstream statist lawyer like Sotomayor? Yawn. Big deal. Given a choice between a conservative and a liberal justice, my inclination has always been to favor the ...

Hornberger’s Blog, May 2009

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Friday, May 29, 2009 The Sotomayor Nomination Is another Yawner for Libertarians by Jacob G. Hornberger As a libertarian, it’s hard for me to get all worked up over President Barack Obama’s nomination of Sonia Sotomayor to the Supreme Court, as conservatives and liberals are now doing. The only time I’d ever get excited about a Supreme Court nomination is if someone with a libertarian philosophy were nominated, such as Randy Barnett, Richard Epstein, or Andrew Napolitano. Heck, I’d also be excited over the nomination of what I would call principled liberals, such as Glenn Greenwald, Jonathan Turley, Joanne Mariner, and Joseph Margulies. Conservative Bruce Fein would be another great selection. But a standard mainstream statist lawyer like Sotomayor? Yawn. Big deal. Given a choice between a conservative and a liberal justice, my inclination has always been to favor the ...