No Virtue in Passivity: The Supreme Court and Ali Al-Marri
60 Pages Posted: 13 Dec 2011 Last revised: 28 Dec 2011
Date Written: September 30, 2011
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
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