CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, January 5, 2010

"Wide detention power upheld"

The post is at ScotusBlog. In part:

The D.C. Circuit Court, filling in some of the legal blanks left by the Supreme Court on the president’s power to detain terrorist suspects, on Tuesday upheld the broadest view the government has taken of that authority, and ruled that the power is not limited in any way by international law, including the law of war.  Only domestic law controls whom the president may detain, and those home-grown legal concepts sweep widely, the appeals court ruled.  Its decision — very likely to be challenged in further appeals – can be read here.

The ruling in Al-Bihani v. Obama (Circuit docket 09-5051) was the first by the Circuit Court to apply the Supreme Court’s 2008 decision in Boumediene v. Bush creating a constitutional right for Guantanamo Bay detainees to challenge their captivity.  Unless reviewed and overturned either by the en banc Circuit Court or the Supreme Court, the new decision will control how scores of detainee cases are resolved in District Court in Washington.

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