Usually it isn't a good idea for a judge to look for supporting authority in a U.S. Supreme Court dissent. Unless, of course, you're a Clinton appointee on the 9th Circuit, you're taking a controversial stand against the government on the state secrets privilege -- and the guy you're citing is Justice Antonin Scalia. Ninth Circuit Judge Michael Daly Hawkins did just that when he delivered an unqualified rebuke to the Obama administration Tuesday in its bid to quash a civil suit by targets of the CIA's rendition program.
State Secrets Immunity Claim Doesn't Fly With 9th Circuit in CIA Rendition Case
April 29, 2009