A three judge panel of the Ninth Circuit Court of Appeals, Chief Judge Mary Schroeder, William Canby and Michael Hawkins, has firmly rejected the vile cover up attempted against several detainees/former detainees led by Binyam Mohamed. The full decision is here.
I would like to note two things quickly; first off this is a wonderful panel (they are all from Arizona and I have known all of them) and I really expected no less from them. Secondly, it appears from a skimming of the decision that they did not dismiss the ability of the government to assert state secrets, rather indicated the time was not ripe for it. Do not be mistaken, however, this is a big blow to the government and a win for the rule of law.
The first sign that the Obama DOJ would replicate many of the worst and most radical arguments of the Bush DOJ was in the Jeppesen case, a lawsuit brought by five victims of the CIA's rendition and torture program (including Binyam Mohamed). The Bush administration had argued that the entire "subject matter" raised by the lawsuit (the rendition program) was such a gravely important "state secret" that the court could not consider any lawsuit relating to that issue. That argument was a by-product of one of the Bush DOJ's most controversial actions: its radical expansion of the "state secrets" doctrine. Whereas that privilege was once an evidentiary privilege enabling the Government to declare specific documents too secret to use in litigation, the Bush DOJ converted it into an all-purpose shield allowing them to have entire lawsuits dismissed even where the lawsuit alleged that the President's conduct was illegal.
The District Court in Jeppesen had accepted the Bush DOJ's argument and dismissed the lawsuit, and on appeal in February, the Obama DOJ -- to the obvious surprise of the judges and in a reversal of everything Democrats claimed they believed during the Bush presidency -- told the Ninth Circuit panel that they embrace the Bush DOJ "state secrets" position in full (a position they've since repeated in other cases).
Today, in a 26-page ruling (.pdf), the appellate court resoundingly rejected the Bush/Obama position, holding that the "state secrets" privilege -- except in extremely rare circumstances not applicable here -- does not entitle the Government to demand dismissal of an entire lawsuit based on the assertion that the "subject matter" of the lawsuit is a state secret. Instead, the privilege only allows the Government to make specific claims of secrecy with regard to specific documents and other facts -- exactly how the privilege was virtually always used before the Bush and Obama DOJs sought to expand it into a vast weapon of immunity from all lawsuits challenging the legality of any executive branch program relating to national security.MORE
Living roofs aren't new. They were common among sod houses on the American prairie, and roofs of turf can still be found on log houses and sheds in northern Europe. But in recent decades, architects, builders, and city planners all across the planet have begun turning to green roofs not for their beauty—almost an afterthought—but for their practicality, their ability to mitigate the environmental extremes common on conventional roofs.
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To stand on a green roof in Vancouver—or Chicago or Stuttgart or Singapore or Tokyo—is to glimpse how different the roofscapes of our cities might look and to wonder, Why haven't we always built this way?
Technology is only partly the reason. Waterproof membranes now make it easier to design green-roof systems that capture water for irrigation, allow drainage, support the growing medium, and resist the invasion of roots. In some places, such as Portland, Oregon, builders are encouraged to use living roofs by fee reductions and other incentives. In others—such as Germany, Switzerland, and Austria—living roofs are required by law on roofs of suitable pitch.
And, increasingly, researchers such as Maureen Connelly—who runs a green-roof lab at the British Columbia Institute of Technology—are studying the practical benefits green roofs offer, helping quantify how they perform and providing an accurate measure of their ability to reduce storm-water runoff, increase energy efficiency, and enhance the urban soundscape. There is beginning to be a critical mass of green roofs around the world, each one an experiment in itself.MORE
Photo Gallery
The last-minute changes to the legislation would allow clergy to decline to marry homosexual couples and give couples the freedom to either keep the words "bride" and "groom" on marriage licenses, or use the word "spouse" instead.
Because the Senate and House passed separate versions, they must resolve their differences before the bill can go to the governor, who in 2007 signed a law recognizing same-sex civil unions, making New Hampshire the fourth state to do so.
Lynch has said the word marriage should be reserved for a traditional heterosexual relationship.
The bill, which would take effect on Jan. 1, also recognizes out-of-state gay marriages and civil unions. Couples who now have civil unions would automatically become married by January 1, 2011. The extra year allows time for a formal ceremony.
New Hampshire's Senate passed a bill that would legalize same-sex marriage after an amendment was added that prohibits polygamy and marriage of family members, among other measures.
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