Monday, September 14, 2009

Constitutional Challenge to Military Commission Trials

In a brief order, the D.C. Circuit Court asked the Obama administration to respond by noon tomorrow (Tuesday) in a case raising a constitutional challenge to the 2006 law providing authority for military commission trials. SCOTUS Blog summarizes Ramzi Bin Al-Shibh’s claim as follows:  "Filed in the form of a petition for a 'writ of mandamus and writ of prohibition,' the document contended that the new system of terrorism trials has been unconstitutional since Congress set it up in 2006.  Congress had no authority to create the commission system, and the act, as written, unconstitutionally treats aliens charged with terrorism crimes differently from the way U.S. citizens would be, it asserted."

SCOTUS Blog provides more details here:  http://www.scotusblog.com/wp/sweeping-attack-on-terrorism-trials/#more-10710.

And, here is the complaint: http://www.scotusblog.com/wp/wp-content/uploads/2009/09/Bin-Al-Shibh-filing-9-9-09.pdf.

~clf

http://lawprofessors.typepad.com/civpro/2009/09/constitutional-challenge-to-military-commission-trials.html

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