al-Mari Detention Case Ended
The Supreme Court on Friday wiped out a lower court ruling that gave the President the authority to detain indefinitely as terrorism suspects individuals who are living legally in the United States. The order also approved transfer of Ali Saleh Kahlah Al-Marri from military custody to civilian custody for a trial on criminal charges in a regular federal court, presumably in Illinois. The order is available here.
The Court’s action ended the Qatari national’s case – Al-Marri v. Spagone (08-368) — that the Court had agreed to hear. Thus, a hearing set for April 27 will not be held. The petition challenged the President’s authority to order domestic detentions, arguing that neither the 9/11 Resolution enacted after the 2001 terrorist attacks or the Constitution authorized such actions.