President Bush has the legal power to order the indefinite military detentions of civilians captured in the United States, the federal appeals court in Richmond, Va., ruled on Tuesday in a fractured 5-to-4 decision.
[. . .] All of the judges who would have denied Mr. Marri any relief — Judges Wilkinson, Karen J. Williams, Paul V. Niemeyer and Allyson K. Duncan — were appointed by Republican presidents; all who would have granted him full relief were appointed by Democrats. Judge Traxler [the swing vote] was appointed to the appeals court by President Bill Clinton. [emphasis added]
Naturally the Times gets it wrong, implying the last judge is a Democrat: “In 1991, President George H.W. Bush nominated Judge Traxler for a Federal trial judgeship, on the United States District Court for South Carolina.”