US Government Petitions for Rehearing En Banc (Again) in Al Bahlul

The petition is available here. This is not a terribly surprising development. But as I wrote after the panel decision, it’s also not likely to succeed, given the composition of the original three-judge panel and the overall composition of the court. (I’ll still plan to say more about the merits of the petition later.) Instead, this is almost certainly just a play for time, forestalling, for now, the real question–whether the Obama Administration will take the jurisdiction of the Guantánamo military commissions over non-international war crimes to the Supreme Court. Stay tuned… 

About the Author(s)

Steve Vladeck

Executive Editor of Just Security and Professor of Law at the University of Texas School of Law. Follow him on Twitter (@steve_vladeck).