First post-Boumediene developments in Guantanamo detainee litigation
Today, the Supreme Court denied certiorari over a mandamus action filed by Syrian Abdul Rahim Abdul Razak Al Ginco. While this was the first detainee challenge to be acted on since last week’s Boumediene decision, it was a mandamus action rather than a habeas action and so Boumediene probably did not affect the justices’ deliberations.
Applying Boumediene, lawyers for a detainee whose case is before the Fourth Circuit have filed a supplemental brief arguing that language in Boumediene precludes the executive branch from ordering him indefinitely detained. The Supreme Court explicitly declined to reach that issue, and since that detainee - Ali Saleh Kahlah Al-Marri - had already been granted habeas rights by a prior Fourth Circuit decision, it is unclear what effect Boumediene will have on his case.
For those interested in a more detailed treatment of the Boumediene decision, the international law blog Opinio Juris is running a symposium.
June 18th, 2008 at 1:12 am
[…] On [[June 12]] [[2008]] the [[United States Supreme Court]] ruled in [[Boumediene v. Bush]] that Guantanamo captives were entitled to access the US Justice system, including habeas corpus. Al Ginco v. Bush was the first case where petitioners requested the case be renewed in light of the ruling in Boumediene v. Bush.<ref name=ForeignPolicy20080616> {{cite news | url=http://warcrimes.foreignpolicyblogs.com/2008/06/16/first-post-boumediene-developments-in-guantanamo-detainee-litigation/ | title=First post-Boumediene developments in Guantanamo detainee litigation | publisher=[[Foreign Policy]] | author= | date=Monday, [[June 16]], [[2008]] | accessdate=2008-06-01 | quote= }}</ref> […]