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.
Recommended Citation: Al-Nashiri v. Trump, SCOTUSblog, https://www.scotusblog.com/cases/al-nashiri-v-trump/