Senators Graham and Kyl not allowed to file their fictional amicus brief
These two senators submitted a ridiculous amicus brief in Hamdan v Rumsfeld. Fortunately, the D.C. Circuit was onto their cheap trick and denied the amicus brief. That doesn't happen very often...
"The D.C. Circuit Court, pondering the meaning of the court-stripping law passed late last year by Congress (the Detainee Treatment Act), has refused to accept three senators' attempts to help shape the ruling. In a brief order Thursday, containing no explanation, the Circuit Court refused to allow the three key sponsors of the new law to file amici briefs in two packets of detainee cases now pending there (the lead case is Boumediene v. Bush, docket 05-5062). No one opposed the filing of those briefs. No other amicus briefs were turned aside.
The senators are Republicans Lindsey Graham of South Carolina and John Kyl of Arizona, who filed a brief together, and Democrat Carl Levin of Michigan.
There is an ongoing debate among those three as to the import of legislative history that the three of them created for the Congressional Record, but that did not actually occur on the floor of the Senate. The controversy centers on whether the Act was meant to withdraw the courts' jurisdiction over already-pending detainee cases -- an issue also before the Supreme Court in the case of Hamdan v. Rumsfeld (05-184). But a secondary controversy has arisen over a suggestion by the two GOP senators that their 'colloquy' on the issue was a live exchange."