Dec 042009
 December 4, 2009  Posted by  Court, Govt

Over on Concurring Opinions, Dave Hoffman writes:

The government has just filed an amicus brief in Padilla v. Yoo, currently on interlocutory appeal (from this order) and pending before the Ninth Circuit.  The brief argues against recognizing a Bivens action in the context of advice rendered “relating to war powers and national security.”  Part of the argument depends on the availability of other forms of relief, including habeas and disciplinary proceedings against Yoo, as well the potential for congressionally sanctioned damages.  Note this brief is separate from the substantive defense of Yoo that the government has undertaken: this is the position of the United States on the policy question of whether government officials like Yoo ought to be liable in civil court for the consequences of their advice.

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