GAZETTE CITATION
Documents in legal news...

Thursday, July 14, 2005

Real ID Act ruling [US DC]
10:20 PM ET

Enwonwu v. Chertoff, et al., US District Court for the District of Massachusetts, July 13, 2005 [ruling chastising Congress for a "virtually unprecedented" attack on judicial independence and for putting a "chokehold" on federal courts by removing, via the Real ID Act, their authority to hear deportation cases]. Excerpt:
For 217 years, through boom and bust, insurgency, civil war, and terrorist attack, this Court--the oldest United States District Court in America--has carefully and prudentially administered the Writ of Habeas Corpus to secure the rights of the individual against overreaching by the executive.

Mr. Enwonwu commenced his action in this Court on March 17, 2005, had an initial hearing 25 days later, and a full evidentiary hearing two weeks after that. This Court took the matter under advisement and commenced a detailed and reflective analysis of an evidentiary record both complex and deeply disturbing.

Then on May 11, 2005, the Congress stripped this Court of jurisdiction to act in this pending case and all others like it. Though such direct congressional interference in a pending case is virtually unprecedented in all our history, this surprising mandate has gone utterly unnoticed by our people. Evidently, only where an American jury sits to validate the separation of powers among the three branches is trial court jurisdiction immune from such peremptory congressional action.

How can this be in modern day America?
Read the full text of the opinion here. Reported in JURIST’s Paper Chase here.



Link | e-mail document   | how to subscribe | © JURIST


LATEST DOCUMENTS

 Guantanamo detention details ruling [UK QB]
November 20, 2009

 Same-sex marriage benefits ruling [NY CA]
November 20, 2009

 Torture evidence judgment [UK HC]
November 18, 2009

 Lynne Stewart conviction ruling [2nd Circuit]
November 17, 2009

 click for more...

DOCUMENTS SEARCH

Search legal documents on JURIST...


Powered by Blogdigger badge

ARCHIVE

Gazette has a monthly archive of legal documents back to Sept. 2004.


ABOUT

Gazette is JURIST's weblog of documents - major judicial opinions, bills, reports, testimony and other official and/or primary source materials making legal news.