Cert. Denied in Al Adahi v. Obama
This morning the Supreme Court denied cert. in Al Adahi v. Obama. Justice Kagan had unsurprisingly recused herself from the case.
In this petition the detainee argued that the D.C.
Published by The Lawfare Institute
in Cooperation With
This morning the Supreme Court denied cert. in Al Adahi v. Obama. Justice Kagan had unsurprisingly recused herself from the case.
In this petition the detainee argued that the D.C. Circuit had improperly altered the "clearly erroneous" standard of review by reversing Judge Gladys Kessler's decision and holding that she had failed to "appreciate conditional probability analysis."
For quick reference, here are the petition and the government's opposition brief in the case (No. 10-487), and also the underlying D.C. Circuit and district court opinions.
Larkin Reynolds is an associate at a D.C. law firm and was a legal fellow at Brookings from 2010 to 2011. Larkin holds a J.D. from Harvard Law School, where she served as a founding editor of the Harvard National Security Journal and interned with the Senate Judiciary Committee, the Navy Judge Advocate General’s Corps, and the National Security Division of the Department of Justice. She also has a B.A. in international relations from New York University.
