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Cert. Denied in Khadr v. Obama (Concerning Deference to the Executive on GTMO Transfer Decisions Implicating a Risk of Torture)
Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v.
Published by The Lawfare Institute
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Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v. Obama. The cert petition (discussed by me here) raised the questions whether a judge should be able to second-guess the government’s determination of the risk that a person will be tortured if transferred to another country from GTMO and whether CAT Article 3 claims may be litigated in the habeas context (the DC Circuit had sided with the government on these questions).
Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
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