TITLE

SAYING WHAT THE LAW SHOULD BE: JUDICIAL USURPATION IN Al-Marri v. Wright, 487 F.3d 160 (4th Cir. 2007)

AUTHOR(S)
Tarter, J. B.
PUB. DATE
January 2008
SOURCE
Harvard Journal of Law & Public Policy;Winter2008, Vol. 31 Issue 1, p411
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article examines the decision of the U.S. Court of Appeals to reverse the ruling of a federal district court that dismissed the habeas corpus petition of terrorist Ali Saleh Kahlah al-Marri. al-Marri was detained as an enemy combatant by the president. The court argued that the Military Commissions Act did not deprive it of its jurisdiction over the petition because there had not been a review of al-Marri's status as an enemy combatant. The court ruled that the president had no inherent constitutional authority to order such detention.
ACCESSION #
30072027

 

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