Some will view the Supreme Court's decision curbing lawsuits against former executive officials for purported abuse of federal detainees as providing important protection 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.
Latest in Detention: Law of: Supreme Court Development
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:
Very interesting and thoughtful comments over at Just Security by Marty Lederman on Justice Breyer's brief opinion in the Hussain cert denial the other day. Marty writes:
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.
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:
It was filed two Mondays ago, evidently, in this long-running detention case; I've only seen the Westlaw version, which interested readers can access here.
Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc rehearing in the D.C. Circuit.
It's a big week at the Supreme Court, but Guantanamo habeas heads will not want to miss this development: the cert denial in Obaydullah on Monday. Steve wrote about this cert petition here, and coverage of the D.C. Circuit ruling is available here.
Five years ago today, the Supreme Court handed down its 5-4 decision in Boumediene v. Bush, holding that the Constitution's Suspension Clause "has full effect" at Guantánamo Bay, and that the review scheme provided by the Detainee Treatment Act of 2005 was an inadequate substitute for the judicial review thus required by the Constitution.
Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case--in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage of the D.C.