It’s a big week at the Supreme Court, but Guantanamo habeas heads will not want to miss this development: the cert denial in Obaydullah on Monday. Steve wrote about this cert petition here, and coverage of the D.C. Circuit … Read more »
Five years ago today, the Supreme Court handed down its 5-4 decision in Boumediene v. Bush, holding that the Constitution’s Suspension Clause “has full effect” at Guantánamo Bay, and that the review scheme provided by the Detainee Treatment Act … Read more »
Controversy surrounding the DoJ White Paper on targeting Americans abroad has generated interest and debate about the meaning of “imminence” in the terrorism context, for purposes of self-defense and other legal doctrines. Similar debates have abounded in the context of … Read more »
Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case–in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage of the D.C. Circuit’s … Read more »
Yesterday, we posted the government’s supplemental brief in the Al Bahlul military commission appeal in the D.C. Circuit, the headline of which was the government’s concession that Judge Kavanaugh’s opinion for the Court of Appeals in Hamdan II requires reversal … Read more »
…is available here. In a nutshell:
Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicitation to commit war crimes. Because the Court is bound by
… Read more »
Back in June, I wrote a fairly lengthy post analyzing the ability of detainees in U.S. custody facing extradition or other involuntary transfer to a foreign sovereign to challenge their transfer pursuant to the federal statute implementing the United States’ … Read more »
Remember Suleiman v. Obama? That’s the habeas case in which the petitioner had claimed, among other things, that he could not be detained because he was merely a Taliban functionary who never took up arms against the United States. The … Read more »
For those D.C.-area Lawfarers interested in continuing the conversation Ben, Bobby, and I had in June about Boumediene‘s legacy (or lack thereof), the Constitution Project is hosting what promises to be a lively discussion of the topic @ Covington … Read more »
One of the more obscure habeas cases of the last few years has been El Falesteny v. Obama. The case’s key documents were sealed, both on appeal to the D.C. Circuit and during certiorari-phase litigation at the Supreme … Read more »
I actually don’t have much to say, now that it’s here, on the New York Times editorial on the detention case cert denials. It is almost exactly the editorial I predicted the Times would run (“the inevitable editorial bashing the … Read more »
I’m pleased to see that Ben largely agrees with my reaction to the Guantanamo cert. denials. But Ben goes on to rehash a point he has made before about the meaning of “meaningful” habeas review–and with which I rather vehemently … Read more »
Being in a time zone very far from home, I am late to the discussion of the cert denials in the Guantanamo cases. I have only one thought to offer beyond what Steve said earlier–with which I almost entirely … Read more »
As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo “merits” habeas cases (i.e., cases where the central issue goes to whether the government has proven … Read more »
That’s the outcome of orders from the Supreme Court today, an across-the-board denial of review in seven Guantanamo habeas cases: Latif, Al-Bihani, Uthman, Almerfedi, Al-Kandari, Al-Madhwani, and Al-Alwi. For good measure, the Court also voted not to take up … Read more »
I have resisted linking to the latest updates to Bobby, Larkin, and my paper–The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking–because the redesign of the Brookings web site temporarily messed up a bunch of … Read more »
This morning’s Supreme Court orders list makes no mention of the unresolved petitions in several Guantanamo-related cases. That means a re-listing for the justices’ conference this Thursday.
Stay tuned . . . again.
… Read more »
Over at SCOTUSblog, Lyle Deniston yesterday noted that, according to the Supreme Court’s electronic docket, the Court’s Thursday conference will address seven petitions for review in detainee-related cases. Action on one or more of them could mean orders as early … Read more »
The Supreme Court issued orders this morning – but, as before, took no action on several Guantanamo-related petitions for certiorari.
… Read more »
The Supreme Court orders list just came down, and there appears to have been no cert action on any of the Guantanamo cases on which cert decisions were expected.
… Read more »