My Opinio Juris colleague Julian Ku comments on the dismissal of the Maher Arar rendition case by the Second Circuit in an en banc decision, 7-4. (Arar is the case of the Canadian who was detained by the US and subjected to extraordinary rendition to Syria.) Like Julian, and perhaps more strongly, I think the Second Circuit made the right call in deciding not to allow a so-called “Bivens action” for alleged constitutional violations by US officials to go forward, for reasons rooted in the conduct of foreign policy. Read Julian’s brief comment at the link, but he has an earlier analysis in the links to earlier OJ posts. (If you want to comment, please do so at OJ.) (Update: Another OJ colleague, Kevin Jon Heller, citing to Scott Horton, dissents from Julian and me, citing Judge Calabresi’s dissent.)
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