Federal appeals court to reconsider case of 'enemy combatant' held in US

[JURIST] The US Court of Appeals for the Fourth Circuit on Wednesday agreed to reconsider [order, PDF] its June ruling [PDF text; JURIST report] that the military cannot seize and imprison civilians lawfully residing in the United States and detain them as "enemy combatants" [JURIST news archive]. In June, the court rejected government arguments that the president was authorized to order the military seizure of Illinois resident and Qatari native Ali Saleh Kahlah al-Marri [Brennan Center case materials] from civilian custody and hold him indefinitely in a military jail without charge. The Department of Justice subsequently asked the court to re-hear al-Marri's case en banc [petition, PDF; JURIST report].

The DOJ had argued that the federal courts lacked jurisdiction [JURIST report] over al-Marri's claims under the Military Commissions Act of 2006 [PDF text; JURIST news archive], but the Court rejected that argument. AP has more. SCOTUSblog has additional coverage.

 

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