Saturday, November 1, 2008

Government Opposes Cert. in Al-Marri

The Solicitor General filed a brief in opposition to cert. yesterday in Al-Marri v. Pucciarelli.  See my earlier post here; SCOTUSblog reports here; the brief is here.  (Thanks to SCOTUSblog.)

Al-Marri, a Qatari national lawfully residing in the U.S., was arrested and turned over to military authorities.  The government detained him in a Navy brig in South Carolina for more than five years.  The Fourth Circuit ruled en banc that the President had authority to detain Al-Marri as an enemy combatant (assuming the bases for detention in the Rapp Declaration were true), but that he was entitled to some process to challenge his designation.  The Fourth Circuit reversed and remanded.

The thrust of the government's argument against cert. is that Supreme Court review is premature: The Court ought to let the district court rule on remand.

But the brief also touches on the merits, addressing Ex Parte Milligan, Quirin, and Hamdi in an argument on domestic detention of enemy combatants.  See especially pages 24-26 (of the brief, not the pdf)--good supplementary material for your lessons on these cases.


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