D.C. Circuit Denies Petition for Initial En Banc Hearing in <i>Al-Bahlul</i>
We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been summarily denied by the D.C. Circuit in this order, which notes that none of the eight active judges requested a vote on the question.
I can't say the result is surprising.
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We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been summarily denied by the D.C. Circuit in this order, which notes that none of the eight active judges requested a vote on the question.
I can't say the result is surprising. If nothing else, though, the petition may at least have helped to frame things for the Hamdan panel both with respect to the differences between the two cases and why the constitutionality of the material support provision matters beyond Hamdan... As for al-Bahlul, look for oral argument before a three-judge panel to be scheduled for sometime in September.
Steve Vladeck is a professor of law at the University of Texas School of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law & Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks.
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