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Boumediene

Is the al-Marri case moot?

March 3, 2009

     In a previous post I described the al-Marri case which is currently before the Supreme Court.  Al-Marri legally entered the United States on September 10, 2001 for the purported purpose of attending school, but the government suspects that al-Marri is an al-Quaeda agent who was sent to the United States to disrupt our financial system.  [...]

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The 2008-2009 Supreme Court Term: (4) Al-Marri v. Pucciarelli – Another Detainee Case

December 6, 2008

     Yesterday the Supreme Court accepted for review yet another case involving a person being held without trial in the war on terror.  This time the Court may decide whether the government must try suspected terrorists in criminal court.

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The Supreme Court at the Tipping Point – Presidential Power

August 26, 2008

     The greatest challenge that the next Supreme Court will face is to determine the extent of Presidential power and the degree to which the President is answerable to Congress and bound by law. This question will come before the Court in a number of different contexts.

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Scalia unbound

June 30, 2008

Here's an observation from Dahlia Lithwick on the Heller decision (concluding that the Second Amendment guarantees an individual right to own a handgun):
But I must first pass along this rather brilliant observation from professor Stephen Wermiel from American University, who wonders why none of the dissenters cautioned the majority that today's decision"will almost certainly cause [...]

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