January 22, 2009
Al-Marri Brief at the Supreme Court
Lawyers for al-Marri yesterday filed their merits brief at the Supreme Court. I posted on the administration's request for an extension on its own merits brief here; my most recent post previous to that is here.
The case, now captioned al-Marri v. Spagone, deals with the government's authority to indefinitely detain a lawful U.S. resident, captured and detained within the U.S., without charges, as an enemy combatant.
Whatever you think about the case, this is a terrific brief--a good read, and a good addition to your classes on wartime authority. The explicitly constitutional arguments run from pages 48 to 57 (of the brief, not the PDF), but the entire brief draws on canonical cases and methods of construction that will be useful to your students.
As I mentioned in my previous post on the case, we'll keep our eyes open for the Court's ruling on the administration request for a delay and the administration's next move.
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