Latest in Due Process Clause
An important case before the en banc Fifth Circuit will consider the Fifth Amendment Due Process Clause and personal jurisdiction, an issue that the Supreme Court has not addressed and one with broad significance for transnational litigation in U.S. courts.
The whole D.C. Circuit is set to rehear a case that could decisively determine whether foreign aliens held at Guantanamo Bay have constitutional due process rights.
A U.S. district court has limited the ability of immigration detainees to use an important procedural tool to challenge their detention. With the ruling, detainees are restricted in their ability to bring a Rule 23(b)(2) class action to assert a right to individualized bond hearings under the Due Process Clause. The order lays bare the consequences of the Supreme Court’s 2018 decision in Jennings v. Rodriguez and foreshadows increased difficulty for detained asylum-seekers hoping to challenge their prolonged imprisonment without bond hearings.
The D.C. Circuit will hear oral arguments on December 11 in Ali v. Trump. Abdul Razak Ali, who has been detained at Guantanamo for over 17 years, had petitioned for an initial en banc hearing before the D.C. Circuit but that request was denied. Ali seeks relief under the Due Process Clause for his continued detention at Guantanamo.
Eight hundred years ago today, English barons obliged King John to sign Magna Carta. In honor of the anniversary, I thought I might share a brief passage on the subject from my book manuscript (I'm in the midst of a long-running book project, the aim of which is to situate various post-9/11 controversies in long-term historical context). From the current draft of my third chapter: