Bahlul v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-1307 D.C. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether military commissions' assumption of the federal courts' subject-matter jurisdiction over wholly domestic crimes, such as conspiracy, violates Article III's reservation of the “trial of all crimes” to the judiciary; (2) whether the Military Commissions Act's codification of crimes not otherwise recognized as war crimes under international law was intended to apply retroactively and, if so, whether that violates the ex post facto clause; and (3) whether the Military Commissions Act's establishment of a segregated criminal justice system in which only non-citizens are subject to military commission jurisdiction violates the constitutional guarantee of equal justice under law.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 27 2017Application (16A770) to extend the time to file a petition for a writ of certiorari from February 26, 2017 to March 28, 2017, submitted to The Chief Justice.
Feb 2 2017Application (16A770) granted by The Chief Justice extending the time to file until March 28, 2017.
Mar 28 2017Petition for a writ of certiorari filed. (Response due May 31, 2017)
Mar 28 2017Appendix of Ali Hamza Ahmad Suliman al Bahlul filed.
May 24 2017Order extending time to file response to petition to and including June 30, 2017.
May 30 2017Brief amicus curiae of Justice Richard J. Goldstone filed.
May 31 2017Brief amici curiae of International and Constitutional Law Experts filed.
May 31 2017Brief amicus curiae of National Institute of Military Justice filed.
May 31 2017Brief amici curiae of United States Council of Muslim Organizations, et al., filed.
May 31 2017Brief amicus curiae of Center for Constitutional Rights filed.
May 31 2017Brief amici curiae of Karen Korematsu, et al. filed.
May 31 2017Brief amicus curiae of Professor Jens David Ohlin filed.
May 31 2017Brief amicus curiae of Mr. Ammar al Baluchi filed.
Jun 30 2017Order further extending time to file response to petition to and including July 31, 2017.
 
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