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 district court rejected Suleiman's arguments, as did the court of appeals. Citing prior decisions, the latter concluded that Taliban membership alone could support detention. The D.C. Circuit then looked over the record, and concluded that sufficient evidence pointed to such membership in Suleiman's case. Suleiman sought, but was denied, re-hearing en banc.
In July, Suleiman petitioned the Supreme Court for a writ of certiorari. Evidently perceiving not even the slightest chance of Supreme Court review, the Solicitor General's office waived its opportunity to respond.
Suleiman's petition thus has been distributed to the justices, who will discuss it at their September 24 conference.