Detention & Guantanamo

The Implications of Hamdan II for Bahlul

By Raffaela Wakeman
Thursday, October 25, 2012, 11:44 AM

Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of the court's decision in Hamdan II. The three-judge panel in Bahlul is composed of Judges Karen LeCraft Henderson, Judith Rogers, and David Tatel. Here's the text of the order:

It is ORDERED, on the Court’s own motion, that the parties file briefs addressing the effect of the Court’s decision in Hamdan v. United States, No. 11-1257, 2012 WL 4874564 (D.C. Cir. Oct. 16, 2012), on the instant case. Petitioner’s opening brief may not exceed thirty pages and is to be filed by Monday, December 10, 2012, at 4:00 p.m. Respondent’s brief in response may not exceed thirty pages and is to be filed by Wednesday, January 9, 2013, at 4:00 p.m. Petitioner’s reply brief may not exceed fifteen pages and is to be filed by Tuesday, January 22, 2013, at 4:00 p.m.

Readers may recall that the oral argument in Bahlul, which was scheduled for September 10th, was cancelled. At the time, it was presumed to be due to the forthcoming decision in Hamdan.