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.
March 19, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Of all George W. Bush’s nominees to the 9th U.S. Circuit Court of Appeals, Judge Milan Smith Jr. is definitely making a bid for most moderate.
Smith 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.
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