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By Kent Scheidegger et al.

Fourth Circuit Upholds Presidential Authority To Detain Foreign Student Living In U.S.: SCOTUSblog posted on today's Fourth Circuit ruling in Al-Marri v. Pucciarelli (06-6427). The decision allows President Bush to detain a foreign student living in the United States, based on claims the student has terrorist links. While the Fourth Circuit ruled the President has the authority to detain, it also found the petitioner had not had sufficient opportunity to challenge his status as an "enemy combatant." The Fourth Circuit split 5-4 on each of the two issues, with seven judges writing separate opinions. In his post, Lyle Denniston reports that because of the split, it is Judge Traxler?s 35 page opinion that will be considered controlling on both issues...continue to full post

Full post as published by Crime and Consequences on July 15, 2008 (boomark / email).