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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.
Amicus Brief in Kiyemba v. Bush (D.C. Circuit)
The Bush administration admitted that the seventeen Chinese Muslims, known as Uighurs, being held at the Guantanamo Bay prison were not enemy combatants, but appealed U.S. District Court Judge Ricardo Urbina' s order releasing them into the United States. Amici The Constitution Project and several NGOs argue that the Executive' s assertion that only the political branches have the power to order the Uighurs released violates the Suspension Clause and Article III of the Constitution and intrudes upon the power of the judiciary to decide cases.
Amicus Brief in Kiyemba v. Bush (D.C. Circuit)
The Bush administration admitted that the seventeen Chinese Muslims, known as Uighurs, being held at the Guantanamo Bay prison were not enemy combatants, but appealed U.S. District Court Judge Ricardo Urbina' s order releasing them into the United States. Amici The Constitution Project and several NGOs argue that the Executive' s assertion that only the political branches have the power to order the Uighurs released violates the Suspension Clause and Article III of the Constitution and intrudes upon the power of the judiciary to decide cases.
Amicus Brief in Geren v. Omar and Munaf v. Green (U.S. Supreme Court, Merits Stage)
Mohammed Munaf and Shawqi Omar, two American citizens who were detained by the U.S.-led forces in Iraq, sought to challenge their detention in U.S. federal court through writs of habeas corpus. Amici The Constitution Project and the Rutherford Institute ask the Court to adopt a firm rule that allows American citizens to challenge their detention in federal court whenever they are held in the custody of American officials.
Amicus Brief in Geren v. Omar and Munaf v. Green (U.S. Supreme Court, Merits Stage)
Mohammed Munaf and Shawqi Omar, two American citizens who were detained by the U.S.-led forces in Iraq, sought to challenge their detention in U.S. federal court through writs of habeas corpus. Amici The Constitution Project and the Rutherford Institute ask the Court to adopt a firm rule that allows American citizens to challenge their detention in federal court whenever they are held in the custody of American officials.
Amicus Brief in Boumediene v. Bush and al Odah v. United States (U.S. Supreme Court, Cert. Stage)
The cases challenge the provision of the Military Commissions Act that stripped detainees at Guantanamo Bay of their right of to challenge their detentions through petitions for writs of habeas corpus. Twenty former judges organized by The Constitution Project filed an amicus brief in support of the detainees' habeas petitions in U.S. court, arguing that federal courts must be allowed to review whether and to what extent detention was based on statements extracted by torture or other impermissible coercion.
Amicus Brief in Boumediene v. Bush and al Odah v. United States (U.S. Supreme Court, Cert. Stage)
The cases challenge the provision of the Military Commissions Act that stripped detainees at Guantanamo Bay of their right of to challenge their detentions through petitions for writs of habeas corpus. Twenty former judges organized by The Constitution Project filed an amicus brief in support of the detainees' habeas petitions in U.S. court, arguing that federal courts must be allowed to review whether and to what extent detention was based on statements extracted by torture or other impermissible coercion.
Amicus Brief in Boumediene v. Bush and al Odah v. United States (U.S. Supreme Court, Merits Stage)
The cases challenge the provision of the Military Commissions Act that stripped the right of detainees held in the Guantanamo Bay prison to challenge their detentions in federal court through petitions for writs of habeas corpus. The amicus brief by a coalition of NGOs supports the detainees' habeas claims and argues that stripping the detainees of their right to habeas corpus violates the separation of powers.
Amicus Brief in Boumediene v. Bush and al Odah v. United States (U.S. Supreme Court, Merits Stage)
The cases challenge the provision of the Military Commissions Act that stripped the right of detainees held in the Guantanamo Bay prison to challenge their detentions in federal court through petitions for writs of habeas corpus. The amicus brief by a coalition of NGOs supports the detainees' habeas claims and argues that stripping the detainees of their right to habeas corpus violates the separation of powers.
Amicus Brief in Rahmani v. United States (U.S. Supreme Court, Cert. Stage)
The petitioners in this case were convicted of providing 'material support' to the People' s Mujahedin Organization of Iran (PMOI), a group they claim is a legitimate political opposition group in Iran, but one that the State Department designated as a 'foreign terrorist organization,' without providing the petitioners with an opportunity to challenge that designation. The Constitution Project' s brief urges the U.S. Supreme Court to accept review of this case to allow petitioners the opportunity to prove that the PMOI was incorrectly designated as a terrorist organization, and to enable the courts to make this important determination.
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