Thursday, February 23, 2006
Government merits brief in Hamdan05:49 PM | Lyle Denniston | Comments (0)
The Solicitor General on Thursday filed the federal government's brief on the merits in the case challenging the war crimes "military commissions" set up for terrorism suspects at Guantanamo Bay, Cuba (Hamdan v. Rumsfeld, 05-184). The brief opens with a renewal of the government's argument that the case must be dismissed under the new Detainee Treatment Act, as well as an assertion that Hamdan has filed his challenge too early.
The summary of argument opens this way: "Petitioner's pre-trial challenge to his military commission is jurisdictionally foreclosed by the Detainee Treatment Act of 2005 and fatally premature."
The brief and appendix can be found here.
In addition, the amicus brief of Senators Graham and Kyl, supporting respondent, can be found here. An additional amicus brief supporting the government from the Criminal Justice Legal Foundation can be found here.
http://www.scotusblog.com/movabletype/archives/2006/02/government_meri_1.html
Jan 12 2006 Government files Motion to Dismiss for Lack of Jurisdiction.
Jan 31 2006 Petitioner files opposition to respondents' motion to dismiss.
Feb 13 2006 Government files reply brief in support of motion to dismiss for lack of jurisdiction.
Feb 15 2006 Petitioner files Motion for leave to file surreply.
Feb 15 2006 Petitioner Surreply Regarding Respondent's Motin to Dismiss
Feb xx 2006 Motion(s) DISTRIBUTED for Conference of February 17, 2006
Feb 21 2006 Motion to file amici curiae brief by Former Federal Judges GRANTED
Feb 21 2006 Motion to file surreply regarding respondents' motion to dismiss GRANTED
Feb 21 2006 A total of 90 minutes is allotted for oral argument.
Feb 21 2006 Further consideration of respondents' motion to dismiss for lack of jurisdiction is deferred to the hearing of the case on the merits.
Feb 23 2006 Government files Brief on the merits.http://www.supremecourtus.gov/docket/05-184.htm