Big ruling: 4th Cir. holds that #ATS claims arising out of Abu Ghraib are not barred by Kiobel: http://pdfserver.amlaw.com/nlj/usca4_CACI_06302014.pdf … (H/T: @MikeScarcella)
@steve_vladeck Tho I guess Fourth hasn't decided no Bivens torture relief for in Iraq, just in SC. @MikeScarcella
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@emptywheel@MikeScarcella But see 4th Cir.'s decision in Jose Padilla case re: Bivens & nat'l security: http://www.ca4.uscourts.gov/Opinions/Published/116480.P.pdf …. -
@steve_vladeck That's what I meant when I mentioned SC. The other torture Bivens were in IRaq, though.@MikeScarcella
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@emptywheel@steve_vladeck@MikeScarcella As Steve says "If left undisturbed". Don't bet on that. -
@bmaz@emptywheel@MikeScarcella It won't go en banc. And#SCOTUS will almost certainly hold any petition for the CVSG in Harris & Metzgar.
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