Detention: Law of: Supreme Court Development

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Supreme Court

Ziglar v. Abbasi: A Summary

Yesterday, the Supreme Court decided Ziglar v. Abbasi, an important case curbing lawsuits against former government officials for purported abuse of federal detainees. Some will view this decision as an important protection for former executive officials against judicial Monday-morning quarterbacking. Critics will see it as another hurdle to preventing lawless actions taken in the name of national security in time of war or national emergency.

Detention & Guantanamo

CRS Report on Major Court Rulings Concerning Enemy Combatant Detainees

The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings."

The summary reads, in part:

This report discusses major judicial opinions concerning suspected enemy combatants detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants.

Detention: Law of: Supreme Court Development

Cert Denial Comment from Justice Breyer in Hussain

The Supreme Court this morning denied cert in the Guantanamo habeas case of Hussain v. Obama. A few weeks back, Marty Lederman flagged this case over the Just Security as likely to provoke at least one justice to write a dissenting or concurring statement in connection with the denial of cert. Marty nailed it.

Detention: Law of: Supreme Court Development

Marty Lederman on the Hussain Case at the Supreme Court

Over at Just Security, Marty Lederman has an interesting piece about a Guantanamo case the Supreme Court has relisted three times for consideration at conference. He writes:

The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No.

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