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December 23, 2005

They're being held illegally but you can go ahead and hold them forever if you want to because I don't know what to do with them.

What kind of ruling is that from a federal judge?

Am I just oversensitive today or are there signs of mass insanity sweeping across this country?

Posted by AnneZook at 03:16 PM


Sad to say, I think the judge has it more or less right: what the administration has done, by it's illegal actions, is create a situation which would be the pride and joy of a law school prof's hypothetical collection: there is no legal option. The judge, unlike the chief executive, is incapable of ordering actions which violate the law; only Congress can authorize exceptions (or the Executive, if it's regulatory instead of statutory); Judges can invalidate law, but the problem is that the executive has failed to follow perfectly reasonable laws.... Joseph Heller, eat your heart out.

Posted by: Ahistoricality at December 24, 2005 04:07 AM