Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.
The case was a continuation of the landmark Center for Constitutional Rights case Rasul v. Bush (2004). That decision determined that Guantanamo detainees had to be provided an opportunity before an impartial tribunal to challenge the grounds of their detention. Since that decision, Congress passed the Military Commissions Act of 2006, which restricted detainees from filing habeas corpus petitions in federal court.
Al Odah is an umbrella effort, incorporating sixteen habeas corpus petitions. It was consolidated under Boumediene v. Bush, which shared habeas issues. Oral arguments were heard by the Supreme Court on December 5, 2007, and was one of the most anticipated cases before the Court in its term.[1][2][3][4][5][6]
The decision, striking down that provision of the Military Commissions Act of 2006, was handed down on 12 June 2008. The Supreme Court ruled that detainees can appeal habeas corpus in civilian federal courts.[7][8]
- ^ The Supreme Court Showdown of the Year, The New York Times, October 23, 2007
- ^ "Gitmo Panelist Slams Hearing Process: Lt. Col. Stephen Abraham Is First Member Of Military Panel To Challenge Guantanamo Bay Hearings". CBS. June 23, 2007. Retrieved 2007-06-23.
- ^ "Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007" (PDF). United States Supreme Court. June 14, 2007. Archived (PDF) from the original on 5 July 2007. Retrieved 2007-06-25.
- ^ Mike Rosen-Molina (June 22, 2007). "Guantanamo tribunal officer says CSRTs pressured on 'enemy combatant' rulings". The Jurist. Archived from the original on February 8, 2008. Retrieved 2007-06-25.
- ^ Carol D. Leonnig, Josh White (June 23, 2007). "An Ex-Member Calls Detainee Panels Unfair: Lawyer Tells of Flawed 'Combatant' Rulings". The Washington Post. Retrieved 2007-06-24.
- ^ Farah Stockman (June 23, 2007). "Officer criticizes military tribunals: Affidavit cites problems at Guantanamo Bay". The Boston Globe. Archived from the original on 2008-07-24. Retrieved 2007-06-24.
- ^ Justices Rule Terror Suspects Can Appeal in Civilian Courts
- ^ "Transcript of Supreme Court oral arguments for Boumediene v. Bush (No. 06-1195) and Al Odah v. US (06-1196)" (PDF). Archived from the original (PDF) on 2015-09-24. Retrieved 2017-06-27.