Bahlul v. United States
Petition for certiorari denied on October 10, 2017
Issue: (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
- Court issues orders from last weeks conference (Amy Howe, October 10, 2017)
- Petitions of the day (Aurora Barnes, July 14, 2017)
| Date | Proceedings and Orders |
|---|---|
| 01/27/2017 | Application (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. |
| 02/02/2017 | Application (16A770) granted by The Chief Justice extending the time to file until March 28, 2017. |
| 03/28/2017 | Petition for a writ of certiorari filed. (Response due May 31, 2017) |
| 03/28/2017 | Appendix of Ali Hamza Ahmad Suliman al Bahlul filed. |
| 05/24/2017 | Order extending time to file response to petition to and including June 30, 2017. |
| 05/30/2017 | Brief amicus curiae of Justice Richard J. Goldstone filed. |
| 05/31/2017 | Brief amici curiae of International and Constitutional Law Experts filed. |
| 05/31/2017 | Brief amicus curiae of National Institute of Military Justice filed. |
| 05/31/2017 | Brief amici curiae of United States Council of Muslim Organizations, et al., filed. |
| 05/31/2017 | Brief amicus curiae of Center for Constitutional Rights filed. |
| 05/31/2017 | Brief amici curiae of Karen Korematsu, et al. filed. |
| 05/31/2017 | Brief amicus curiae of Professor Jens David Ohlin filed. |
| 05/31/2017 | Brief amicus curiae of Mr. Ammar al Baluchi filed. |
| 06/30/2017 | Order further extending time to file response to petition to and including July 31, 2017. |
| 07/25/2017 | Order further extending time to file response to petition to and including August 30, 2017. |
| 08/28/2017 | Order further extending time to file response to petition to and including September 6, 2017. |
| 09/06/2017 | Brief of respondent United States in opposition filed. |
| 09/19/2017 | Reply of petitioner Ali Hamza Ahmad Suliman al Bahlul filed. |
| 09/20/2017 | DISTRIBUTED for Conference of 10/6/2017. |
| 10/10/2017 | Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition. |