Boumediene/Al-Odah v. Bush
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 06-1195 | D.C. Cir. | Dec 5, 2007 | Jun 12, 2008 | 5-4 | Kennedy | OT 2007 |
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on June 12, 2008.
SCOTUSblog Coverage
- Academic round-up (Amanda Frost, May 18, 2011)
- Debate over Boumediene's meaning (Lyle Denniston, June 28, 2008)
- UPDATE: Court puts Boumediene into effect (Lyle Denniston, June 19, 2008)
- Boumediene Guest Commentary: Jonathan Hafetz of the Brennan Center (Ben Winograd, June 16, 2008)
- Follow-ups to Boumediene begin (Lyle Denniston, June 14, 2008)
- Boumediene Guest Commentary: Richard Samp of WLF (Jason Harrow, June 13, 2008)
- Preliminary Reactions to Boumediene (Marty Lederman, June 12, 2008)
- Analysis: What are detainees' rights now? (Lyle Denniston, June 12, 2008)
- Court gives detainees habeas rights (Lyle Denniston, June 12, 2008)
- U.S.: Detainee habeas cases would be slow (Lyle Denniston, April 2, 2008)
- Detainees: Lower court fracture a problem (Lyle Denniston, February 19, 2008)
- Detainees: No need to review new case (Lyle Denniston, February 16, 2008)
- New brief in Boumediene (Lyle Denniston, December 12, 2007)
- Commentary: Can constitutional issues be finessed? (Lyle Denniston, December 5, 2007)
- Quick Reactions to Boumediene Oral Argument (Marty Lederman, December 5, 2007)
- Argument preview: Boumediene/Al-Odah v. Bush (Scotus Staff, December 4, 2007)
- Government: Detainees outside Constitution (Lyle Denniston, October 10, 2007)
- Court switches, will hear detainee cases (Lyle Denniston, June 29, 2007)
Briefs and Documents
Merits briefs
- Brief for Petitioner Lakhdar Boumediene (in No. 06-1195)
- Brief for Petitioner Khaled A.F. Al Odah, et al. (in No. 06-1196)
- Brief for Petitioner El-Banna, et al. (in No. 06-1196)
- Brief for Respondent George W. Bush, President of the United States
- Brief for Respondent Omar Khadr Supporting Petitioner (in No. 06-1196)
- Reply Brief for Petitioner Lakhdar Boumediene (in No. 06-1195)
- Reply Brief for Petitioner Khaled A.F. Al Odah, et al. (in No. 06-1196)
- Reply Brief for Petitioner El Banna (in No. 06-1196)
- Motion for Leave to File Supplemental Brief and Supplemental Brief for Respondents George W. Bush and the United States of America After Oral Argument (granted 1/7/08 as to Section I and denied as to Section II)
- Motion for Leave to File Supplemental Brief and Supplemental Brief for Petitioner Lakhdar Boumediene After Oral Argument (in No. 06-1195)(granted 1/7/08)
- Motion for Leave to File Supplemental Brief and Supplemental Brief for Boumedine Petitioner After Oral Argument (in No. 06-1195)
- Motion for Leave to File Supplemental Reply Brief and Supplemental Reply Brief for Petitioner El-Banna After Oral Argument (in No. 06-1196)
Amicus briefs
- Brief for United Nations High Commissioner for Human Rights in Support of Petitioner
- Brief for Legal Historians in Support of Petitioner
- Brief for the Commonwealth Lawyers Association in Support of Petitioner
- Brief for the American Bar Association in Support of Petitioner
- Brief for International Humanitarian Law Experts in Support of Petitioner
- Brief for the New York City Bar Association in Support of Petitioner
- Brief for 383 United Kingdom and European Parliamentarians in Support of Petitioner
- Brief for Retired Military Officers in Support of Petitioner
- Brief for the Coalition of Non Governmental Organizations in Support of Petitioner
- Brief for the Federal Public Defender for the Southern District of Florida in Support of Petitioner
- Brief for the Federal Courts and International Law Professors in Support of Petitioner (Geneva Enforceability)
- Brief for the American Civil Liberties Union and Public Justice in Support of Petitioner
- Brief for Amnesty International, the Human Rights Institute of the International Bar Association, the International Federation for Human Rights, and the International Law Association in Support of Petitioner
- Brief for the National Institute of Military Justice in Support of Petitioner
- Brief for Former United States Diplomats Diego C. Asencio, J. Brian Atwood, Harry G. Barnes, Jr., A. Peter Burleigh, William C. Harrop, Samuel F. Hart, John L. Hirsch, Allen Holmes, Genta Hawkins Holmes, Robert V. Keeley, L. Bruce Laingen, Anthony Lake, Samuel W. Lewis, Stephen Low, Arthur Mudge, David D. Newsom, Thomas R. Pickering, Laurence E. Pope, Anthony Quainton, William D. Rogers, J. Stapleton Roy, Paul K. Stahnke, Michael Sterner, Richard N. Viets, and Alexander F. Watson in Support of Petitioner
- Brief for the CATO Institute in Support of Petitioner
- Brief for Scholars of Government and Constitutional History in Support of Petitioner
- Brief for the Foundation for Defense of Democracies, the Center for Security Policy, and the Committee on the Present Danger in Support of Respondent (in No. 06-1195)
- Brief of the American Center for Law and Justice in Support of Respondents
- Brief for the Criminal Justice Legal Foundation in Support of Respondent
- Brief for Retired Generals and Admirals, the Washington Legal Foundation, and the National Defense Committee in Support of Respondent
Cert. stage briefs are linked to in this SCOTUSblog post.
Merits briefs
- Brief for Petitioner Lakhdar Boumediene (in No. 06-1195)
- Brief for Petitioner Khaled A.F. Al Odah, et al. (in No. 06-1196)
- Brief for Petitioner El-Banna, et al. (in No. 06-1196)
- Brief for Respondent George W. Bush, President of the United States
- Brief for Respondent Omar Khadr Supporting Petitioner (in No. 06-1196)
- Reply Brief for Petitioner Lakhdar Boumediene (in No. 06-1195)
- Reply Brief for Petitioner Khaled A.F. Al Odah, et al. (in No. 06-1196)
- Reply Brief for Petitioner El Banna (in No. 06-1196)
- Motion for Leave to File Supplemental Brief and Supplemental Brief for Respondents George W. Bush and the United States of America After Oral Argument (granted 1/7/08 as to Section I and denied as to Section II)
- Motion for Leave to File Supplemental Brief and Supplemental Brief for Petitioner Lakhdar Boumediene After Oral Argument (in No. 06-1195)(granted 1/7/08)
- Motion for Leave to File Supplemental Brief and Supplemental Brief for Boumedine Petitioner After Oral Argument (in No. 06-1195)
- Motion for Leave to File Supplemental Reply Brief and Supplemental Reply Brief for Petitioner El-Banna After Oral Argument (in No. 06-1196)
Amicus briefs
- Brief for United Nations High Commissioner for Human Rights in Support of Petitioner
- Brief for Legal Historians in Support of Petitioner
- Brief for the Commonwealth Lawyers Association in Support of Petitioner
- Brief for the American Bar Association in Support of Petitioner
- Brief for International Humanitarian Law Experts in Support of Petitioner
- Brief for the New York City Bar Association in Support of Petitioner
- Brief for 383 United Kingdom and European Parliamentarians in Support of Petitioner
- Brief for Retired Military Officers in Support of Petitioner
- Brief for the Coalition of Non Governmental Organizations in Support of Petitioner
- Brief for the Federal Public Defender for the Southern District of Florida in Support of Petitioner
- Brief for the Federal Courts and International Law Professors in Support of Petitioner (Geneva Enforceability)
- Brief for the American Civil Liberties Union and Public Justice in Support of Petitioner
- Brief for Amnesty International, the Human Rights Institute of the International Bar Association, the International Federation for Human Rights, and the International Law Association in Support of Petitioner
- Brief for the National Institute of Military Justice in Support of Petitioner
- Brief for Former United States Diplomats Diego C. Asencio, J. Brian Atwood, Harry G. Barnes, Jr., A. Peter Burleigh, William C. Harrop, Samuel F. Hart, John L. Hirsch, Allen Holmes, Genta Hawkins Holmes, Robert V. Keeley, L. Bruce Laingen, Anthony Lake, Samuel W. Lewis, Stephen Low, Arthur Mudge, David D. Newsom, Thomas R. Pickering, Laurence E. Pope, Anthony Quainton, William D. Rogers, J. Stapleton Roy, Paul K. Stahnke, Michael Sterner, Richard N. Viets, and Alexander F. Watson in Support of Petitioner
- Brief for the CATO Institute in Support of Petitioner
- Brief for Scholars of Government and Constitutional History in Support of Petitioner
- Brief for the Foundation for Defense of Democracies, the Center for Security Policy, and the Committee on the Present Danger in Support of Respondent (in No. 06-1195)
- Brief of the American Center for Law and Justice in Support of Respondents
- Brief for the Criminal Justice Legal Foundation in Support of Respondent
- Brief for Retired Generals and Admirals, the Washington Legal Foundation, and the National Defense Committee in Support of Respondent
Cert. stage briefs are linked to in this SCOTUSblog post.