Monday, June 14, 2010

Supreme Court Rejects Appeal in Rendition and Torture Case

The Supreme Court today declined to review the full Second Circuit's split ruling (7-4) in Maher Arar's case against U.S. authorities for their role in his extraordinary rendition and torture, Arar v. Ashcroft.  The short order contained no comment or opinion, except that it noted that Justice Sotomayor, a former Second Circuit judge, recused herself from consideration of the case. 

Arar, the Canadian citizen detained by U.S. authorities, denied access to the courts, and delivered to Syria for torture, sought Supreme Court review on February 1, 2010, of the full Second Circuit's decision denying relief.  Arar challenged the Second Circuit's rejection of his Bivens claim against senior federal officials and 10 unknown federal law enforcement and immigration agents for violation of the Torture Victim Protection Act and the Fifth Amendment Due Proces Clause.  We posted an analysis of the case here.

The Court's decision today leaves in place the Second Circuit's ruling and ends Arar's federal court case against government officials.

SDS

http://lawprofessors.typepad.com/conlaw/2010/06/supreme-court-rejects-appeal-in-rendition-and-torture-case.html

Due Process (Substantive), Foreign Affairs, Fundamental Rights, International, Recent Cases | Permalink

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