Ninth Circuit Judge Milan Smith Jr. drew a torrent of opposition from Republican-appointed colleagues over his decision last year to allow a suit against John Ashcroft to go forward. The case, brought by a Muslim American who claims the Justice Department abused a material witness statute to lock him up, drew a call for en banc review, which failed. Eight 9th Circuit judges dissented Thursday. But Smith fought back, simultaneously issuing a rare concurrence to the denial of en banc review.
9th Circuit Judge Bucks Tide on Ashcroft's Liability for Detention
March 19, 2010