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No Virtue in Passivity: The Supreme Court and Ali Al-Marri

60 Pages Posted: 13 Dec 2011 Last revised: 28 Dec 2011

Bruce K. Miller

Western New England University School of Law

Date Written: September 30, 2011

Abstract

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.

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. Rumsfeld

Suggested Citation

Miller, Bruce K., No Virtue in Passivity: The Supreme Court and Ali Al-Marri (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. Available at SSRN: https://ssrn.com/abstract=1971294

Bruce K. Miller (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

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