Cert. Denied in Al Adahi v. Obama

By Larkin Reynolds
Tuesday, January 18, 2011, 10:53 AM

This morning the Supreme Court denied cert. in Al Adahi v. Obama. Justice Kagan had unsurprisingly recused herself from the case.

In this petition the detainee argued that the D.C. Circuit had improperly altered the "clearly erroneous" standard of review by reversing Judge Gladys Kessler's decision and holding that she had failed to "appreciate conditional probability analysis."

For quick reference, here are the petition and the government's opposition brief in the case (No. 10-487), and also the underlying D.C. Circuit and district court opinions.