D.C. Circuit Denies Rehearing En Banc in Allaithi v. Rumsfeld
The D.C. Circuit has just issued a per curiam order denying six Guantanamo detainees' petition for rehearing en banc in Allaithi v. Rumsfeld.
The detainees sought review of the D.C.
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The D.C. Circuit has just issued a per curiam order denying six Guantanamo detainees' petition for rehearing en banc in Allaithi v. Rumsfeld.
The detainees sought review of the D.C. Circuit's June 10, 2014 decision affirming the ruling below on the grounds that the case raises two questions of exceptional importance: as to (1) whether detainees are "persons" under the Religious Freedom Restoration Act in the wake of Burwell v. Hobby Lobby Stores Inc., 134 S. Ct. 2751 (2014), and (2) whether detainees stated a plausible claim that the named government officials acted outside the scope of their employment in allegedly detaining and abusing detainees who had been deemed non-enemy combatants in Combatant Status Review Tribunal proceedings.
For background, see our summaries of the detainees' petition and February oral argument. A summary of the D.C. Circuit's June 10, 2014 ruling affirming the district court's ruling can be found here.
Jane Chong is former deputy managing editor of Lawfare. She served as a law clerk on the U.S. Court of Appeals for the Third Circuit and is a graduate of Yale Law School and Duke University.
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