Padilla transfer rejection ruling [4th Circuit] News
Padilla transfer rejection ruling [4th Circuit]

Jose Padilla v. C.T. Hanft, United States Court of Appeals for the Fourth Circuit, December 21, 2005 [denying the Bush administration's request to transfer Jose Padilla from military to civilian law enforcement custody, and also denying the government's request that it withdraw its earlier decision in the case now under appeal to the US Supreme Court]. Excerpt from the court's opinion by Judge Michael Luttig:

Because we believe that the transfer of Padilla and the withdrawal of our opinion at the government's request while the Supreme Court is reviewing this court's decision of September 9 would compound what is, in the absence of explanation, at least an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court, and also because we believe that this case presents an issue of such especial national importance as to warrant final consideration by that court, even if only by denial of further review, we deny both the motion and suggestion. If the natural progression of this significant litigation to conclusion is to be pretermitted at this late date under these circumstances, we believe that decision should be made not by this court but, rather, by the Supreme Court of the United States.

Read the full text of the order [PDF]. Reported in JURIST's Paper Chase here.

THIS DAY @ LAW

First US life insurance company incorporated

On January 11, 1759, America's first life insurance company was incorporated in Philadelphia, Pennsylvania. The Corporation for Relief of Poor and Distressed Widows and Children of Presbyterian Ministers was established by Presbyterians to support the families of their ministers. In 1988, the company's name was changed to the Presbyterian Ministers' Fund. The company later became Covenant Life Insurance Company before being acquired by Nationwide Mutual Insurance Company in 2002. Read a history of the Presbyterian Ministers' Fund from the Pennsylvania Historical Society.

Treaty ended Anglo-American claims, courts in China

On January 11, 1943, the United States and Great Britain relinquished by treaty their extraterritorial claims in China. This abandonment effectively ended the jurisdiction of the extraterritorial United States Court for China (established 1906) and the British Supreme Court in China. Read more about the United States Court for China, which one scholar has called "probably the strangest federal tribunal ever constituted by Congress," in a short online history of the US Ninth Circuit.