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Al Marri Suit Dismissed; Fourth Circuit Opinion Vacated

By Calvin Massey

After the Justice Department decided to transfer Ali Al Marri, a Qatari national lawfully resident in the United States, from a military jail to the federal criminal system for trial in the federal courts, the Supreme Court today dismissed Al Marri's pending case, in which he contended the President lacked authority unilaterally to hold him indefinitely in military custody.   The President had argued that he had authority to do so under the September 14, 2001 authorization to use military force and that the President also had such authority as Commander in Chief.  The Fourth Circuit agreed with the first contention and did not rely upon, but also did not reject, the latter contention.  With today's order in Al Marri v. Spagone (08-368) the Court dismissed Al Marri's claim, but also vacated the Fourth Circuit ruling and remanded the case with directions that it be dismissed as moot.  The net result is that the Fourth Circuit opinion is no longer binding anywhere, but the underlying issue of presidential authority to seize and imprison US citizens or resident aliens remains an open issue. 

Full post as published by The Faculty Lounge on March 06, 2009 (boomark / email).