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Cert Denied in Suleiman

Wells Bennett
Wednesday, October 3, 2012, 8:41 PM
Earlier this week, the Supreme Court decided not to review the case of Suleiman v. Obama.  No surprise there; the justices hardly seem to wish to wade into detention issues these days.

Published by The Lawfare Institute
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Earlier this week, the Supreme Court decided not to review the case of Suleiman v. Obama.  No surprise there; the justices hardly seem to wish to wade into detention issues these days.  (By way of background, the court of appeals affirmed the district court's denial of Suleiman's habeas petition.  The D.C. Circuit concluded that Suleiman had waived most of his legal arguments, because he failed to raise them before the district court.  And it took up only one significant determination by the district court, and agreed with the latter's finding that Suleiman was, more likely than not, "part of" the Taliban for AUMF purposes.)

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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