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Bahlul v. United States

Petition for certiorari denied on October 10, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1307 D.C. Cir. N/A N/A N/A N/A OT 2017

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 (key to color coding)
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 02 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.
Jul 25 2017Order further extending time to file response to petition to and including August 30, 2017.
Aug 28 2017Order further extending time to file response to petition to and including September 6, 2017.
Sep 06 2017Brief of respondent United States in opposition filed.
Sep 19 2017Reply of petitioner Ali Hamza Ahmad Suliman al Bahlul filed.
Sep 20 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.