Has the statutory foundation for detention of enemy combatants quietly collapsed thanks to changing circumstances in Afghanistan? Justice Stephen Breyer is urging his colleagues to take up that question. Today they passed on the opportunity, but what if they had not?
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The Supreme Court had denied a writ of certiorari in the case of Al-Alwi v. Trump. Justice Stephen Breyer wrote separately. The denial, and Justice Breyer’s statement, can be read here and below.
Defense counsel on behalf of Guantanamo detainee Moath Hamza Ahmed Al-Alwi have filed a reply in further support of their petition for a writ of certiorari with the Supreme Court in Al-Alwi v. Trump. The government's brief opposing certiorari is available here.
On Dec. 5, counsel for Guantanamo detainee Moath Hamza Ahmed al-Alwi filed a petition for a writ of certiorari with the United States Supreme Court. Al-Alwi is a Yemeni citizen who was captured in Pakistan in 2001 and has been detained at Guantanamo Bay since 2002.
Don't look now but we're about to see at least one new Guantanamo habeas merits hearing—tomorrow, in fact.