Al-Nashiri v. Trump

Petition for certiorari denied on October 16, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-8966 D.C. Cir. N/A N/A N/A N/A OT 2017

Issues: (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

DateProceedings and Orders
Jan 17 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2017)
May 24 2017Order extending time to file response to petition to and including June 30, 2017.
May 31 2017Brief amicus curiae of National Institute of Military Justice filed.
May 31 2017Brief amicus curiae of American Bar Association filed.
May 31 2017Brief amici curiae of Retired Military Admirals and Generals, et al. filed.
May 31 2017Brief amicus curiae of National Coalition to Protect Civil Freedoms filed.
May 31 2017Brief amicus curiae of Physicians for Human Rights, Inc. filed.
May 31 2017Brief amicus curiae of Alberto Mora filed.
Jun 26 2017Order further extending time to file response to petition to and including July 31, 2017.
Jul 27 2017Order further extending time to file response to petition to and including August 31, 2017.
Aug 31 2017Order further extending time to file response to petition to and including September 7, 2017.
Sep 07 2017Brief of respondent Donald J. Trump, President of the United States, et al. in opposition filed.
Sep 15 2017Reply of petitioner Abd al-Rahim al-Nashiri filed.
Sep 21 2017DISTRIBUTED for Conference of 10/6/2017.
Sep 29 2017Rescheduled.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 16 2017Petition DENIED.
 
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