Legal Opinion · Concurrence
Al-Bihani v. Obama
Court of Appeals for the D.C. Circuit
Decided August 31, 2010No. 09-5051Published
1ConcurrenceKavanaugh, Circuit Judge
In the 2001 Authorization for Use of Military Force, Congress authorized the President to wage war against al Qaeda and the Taliban. That war continues. At the President’s direction, the U.S. military is detaining Al-Bihani as an enemy belligerent in the ongoing conflict. Al-Bihani has asked this Court to order his release from U.S. military custody. He argues that international-law principles prohibit his continued detention.
The premise of Al-Bihani’s plea for release is that international-law norms are judicially enforceable limits on the President’s war-making authority under the AUMF.…
2Cases cited89 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
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