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“Always a Judicial Function”

On March 22, 2010 by Schnader

Judges Timothy K. Lewis and John J. Gibbons co-authored “Always a Judicial Function” which was published in the March 22, 2010 edition of the National Law Journal.

Attacking Congress for what it fails to do is a timeless Washington tradition. But some attacks are misplaced, and that includes charges leveled recently by the Brookings Institution, which faulted Congress for failing to write a detailed code specifying the procedures courts must use as they decide who at Guantánamo Bay, Cuba, may be lawfully detained. Those arguing for such new laws misunderstand both the limits of the legislative function and the nature of the judicial process.

See the attached PDF or follow this link to the full National Law Journal article.