Al-Nashiri v. Trump
Petition for certiorari denied on October 16, 2017
Issue: (1) Whether the majority of the U.S. Court of Appeals for the District of Columbia Circuit erred in extending the doctrine associated with Schlessinger v. Councilman to trial by military commission, when doing so foreclosed a core habeas corpus claim; (2) whether the "extraordinary circumstances" exception to abstention is met when a capital defendant can show that trial will cause irreparable injuries that flow directly from respondents' own misconduct and, in particular, respondents' decision to subject him to years of "physical, psychological, and sexual torture"; and (3) whether the U.S. Court of Appeals for the D.C. Circuit's uniquely restrictive standard, whereby any "open question" of law is categorically unreviewable via mandamus, is inconsistent with the All Writs Act.
SCOTUSblog Coverage
- Petitions of the day (Aurora Barnes, July 14, 2017)
Date | Proceedings and Orders |
---|---|
01/17/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2017) |
05/24/2017 | Order extending time to file response to petition to and including June 30, 2017. |
05/31/2017 | Brief amicus curiae of National Institute of Military Justice filed. |
05/31/2017 | Brief amicus curiae of American Bar Association filed. |
05/31/2017 | Brief amici curiae of Retired Military Admirals and Generals, et al. filed. |
05/31/2017 | Brief amicus curiae of National Coalition to Protect Civil Freedoms filed. |
05/31/2017 | Brief amicus curiae of Physicians for Human Rights, Inc. filed. |
05/31/2017 | Brief amicus curiae of Alberto Mora filed. |
06/26/2017 | Order further extending time to file response to petition to and including July 31, 2017. |
07/27/2017 | Order further extending time to file response to petition to and including August 31, 2017. |
08/31/2017 | Order further extending time to file response to petition to and including September 7, 2017. |
09/07/2017 | Brief of respondent Donald J. Trump, President of the United States, et al. in opposition filed. |
09/15/2017 | Reply of petitioner Abd al-Rahim al-Nashiri filed. |
09/21/2017 | DISTRIBUTED for Conference of 10/6/2017. |
09/29/2017 | Rescheduled. |
10/10/2017 | DISTRIBUTED for Conference of 10/13/2017. |
10/16/2017 | Petition DENIED. |