Al Hela v. Biden
6 Articles
Litigation Tracker: Major Decisions Facing the Biden Administration
The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…
What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."
Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
How to Fix the U.S. Litigation Position in Key Pending Cases
The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
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