The government has replied to the Hilton habeas corpus petition that I discussed last month. This, recall, is the case of Alexander Hilton, accused of attempted murder in Scotland. In the initial proceedings for certification of extraditability, Hilton made two unsuccessful arguments: first, he cannot be extradited to Scotland because under Scots law he could be found guilty by the verdict of a majority of the jury; and second, his mental illness would make extradition impermissible. In my first post, I suggested that the majority verdict issue was a non-starter, and unsurprisingly, the government agrees, though in terms stronger than I used in my post. On the government’s view, the courts have no role to play in questions about the adequacy of the procedural…

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