Yesterday, Ali Hamza Al Bahlul filed his reply brief on cert in Bahlul v. U.S., which challenges the retroactive designation of conspiracy as a war crime in military commissions. Here's the brief:
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The Supreme Court balances the equities again and avoids giving either side all of what it seeks on the merits.
Allowing grandparents (and grandchildren) to be subject to ordinary visa-processing would not be a stretch for the government.
Our immigration law routinely makes distinctions dividing up families along the lines of the State Department cable implementing the revised travel ban.
The Court’s decision to exempt certain aliens from the travel bans mirrors the system of waivers included in Trump's revised executive order.
The Court may be trying to turn down the temperature, and to interject a better model of behavior into our corroded institutions and discourteous civil discourse.