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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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Amicus Brief in Kiyemba v. Obama (U.S. Supreme Court, Merits Stage)
Seven Chinese Muslims, or Uighurs, challenged their continued detention at the Guantanamo Bay prison in light of longstanding recognition that they are not enemy combatants. The amicus brief - on behalf of The Constitution Project and a coalition of groups - argues that the courts must have the power to order release as a remedy when a detainee at the Guantanamo Bay prison challenges the legality of his detention through a writ of habeas corpus.
Amicus Brief in Holder v. Humanitarian Law Project (U.S. Supreme Court, Merits stage)
The case challenged overbroad application of federal laws prohibiting "material support" of terrorist groups. Brief by TCP and Rutherford Institute argues it is unconstitutional to apply the material support statutes to punish pure speech that seeks to further lawful, non-violent ends. The brief explained that the challenged provisions conflict with First Amendment protections for free speech and freedom of association.
Amicus Brief in Holder v. Humanitarian Law Project (U.S. Supreme Court, Merits stage)
The case challenged overbroad application of federal laws prohibiting "material support" of terrorist groups. Brief by TCP and Rutherford Institute argues it is unconstitutional to apply the material support statutes to punish pure speech that seeks to further lawful, non-violent ends. The brief explained that the challenged provisions conflict with First Amendment protections for free speech and freedom of association.
Amicus Brief in Al Maqaleh v. Gates (D.C. Circuit)
The case concerns the habeas rights of individuals detained in Afghanistan. While the organizations filing the amicus brief take no position on whether detainees held in Afghanistan have a constitutional right to habeas corpus, the brief urges the Court to reject the government' s "practicality" arguments opposing habeas rights for these detainees on the ground that such arguments have already been addressed by the district courts throughout the Guantanamo Bay detainee litigation and the district courts have demonstrated that these practical concerns can be overcome.
Amicus Brief in Al Maqaleh v. Gates (D.C. Circuit)
The case concerns the habeas rights of individuals detained in Afghanistan. While the organizations filing the amicus brief take no position on whether detainees held in Afghanistan have a constitutional right to habeas corpus, the brief urges the Court to reject the government' s "practicality" arguments opposing habeas rights for these detainees on the ground that such arguments have already been addressed by the district courts throughout the Guantanamo Bay detainee litigation and the district courts have demonstrated that these practical concerns can be overcome.
Amicus Brief in Kiyemba v. Obama (U.S. Supreme Court, Cert. Stage)
The D.C. Circuit ruled that the federal courts did not have the power to order the government to release seventeen Chinese Muslims, or Uighurs, detained at the Guantanamo Bay prison. Amici The Constitution Project and several NGOs argue that the Supreme Court should accept review and reverse the D.C. Circuit's holding because to give effect to the Court' s command in Boumediene v Bush that Guantanamo detainees must have a meaningful opportunity to challenge the legality of their detention requires that courts have the power to order release as a remedy.
Amicus Brief in Kiyemba v. Obama (U.S. Supreme Court, Cert. Stage)
The D.C. Circuit ruled that the federal courts did not have the power to order the government to release seventeen Chinese Muslims, or Uighurs, detained at the Guantanamo Bay prison. Amici The Constitution Project and several NGOs argue that the Supreme Court should accept review and reverse the D.C. Circuit's holding because to give effect to the Court' s command in Boumediene v Bush that Guantanamo detainees must have a meaningful opportunity to challenge the legality of their detention requires that courts have the power to order release as a remedy.
Amicus Brief in al-Marri v. Spagone (U.S. Supreme Court, Merits Stage)
This case involved a challenge to the executive branch' s detention of a legal permanent U.S. resident, Ali Saleh Kahlah al-Marri, in military custody indefinitely without charge. Amici The Constitution Project, the CATO Institute and the Rutherford Institute argue that the executive branch lacks such power and that its actions violate the Constitution's separation of powers.
Amicus Brief in al-Marri v. Spagone (U.S. Supreme Court, Merits Stage)
This case involved a challenge to the executive branch' s detention of a legal permanent U.S. resident, Ali Saleh Kahlah al-Marri, in military custody indefinitely without charge. Amici The Constitution Project, the CATO Institute and the Rutherford Institute argue that the executive branch lacks such power and that its actions violate the Constitution's separation of powers.
Amicus Brief in al-Marri v. Pucciarelli (U.S. Supreme Court, Cert. Stage)
Al-Marri concerned the indefinite detention without charge of a legal permanent resident on the executive branch' s assertion that he was an enemy combatant. The court below ruled that Mr. al-Marri was entitled to further proceedings to determine whether he was in fact an enemy combatant, but upheld the president' s authority to hold him in military detention without charge. The Constitution Project, together with The Rutherford Institute, urged the Court to hear the case to clarify that the executive branch' s detention power does not authorize such indefinite detention.
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