No Virtue in Passivity: The Supreme Court and Ali Al-Marri
Bruce K. Miller
Western New England University School of Law
September 30, 2011
Western New England Law Review, Vol. 33, p. 697, 2011
Western New England University School of Law Legal Studies Research Paper No. 11-11
This Article discusses the case of Al-Marri v. Spagone, which the U.S. Supreme Court unjustifiably dismissed as moot on March 6, 2009. By dismissing this appeal, the Court ignored its duty to determine whether the military detention of a non-citizen residing lawfully in the United States was authorized by law. And that failure has in turn contributed significantly, and unnecessarily, to the cloud of legal uncertainty which now hovers over the preventive detention measures adopted and proposed by the Obama Administration.
Number of Pages in PDF File: 60
Keywords: military detention, non-citizen, Guantanamo, armed conflict, Al-Marri v. Spagone, Hamdi v. Rumsfeld, Jose Padilla, Rasul v. Bush, Boumediene v. Bush, Hamdan v. RumsfeldAccepted Paper Series
Date posted: December 13, 2011 ; Last revised: December 28, 2011
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