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139 S. Ct. 1893
U.S.
2019
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Background

  • Moath Hamza Ahmed al‑Alwi, a Yemeni national, has been detained at Guantanamo Bay since shortly after 9/11 as an alleged enemy combatant.
  • The government relies on the Authorization for Use of Military Force (AUMF) as the statutory basis for detention of individuals who “planned, authorized, committed, or aided” the 2001 attacks.
  • The D.C. Circuit upheld continued detention, holding the Government may detain al‑Alwi so long as armed hostilities between U.S. forces and al‑Qaeda/the Taliban persist.
  • The Government represents hostilities are ongoing and does not identify an endpoint, creating a realistic prospect of life‑long detention based on status decades earlier.
  • Justice Breyer filed a statement respecting the denial of certiorari, expressing that the Court should address whether the AUMF and the Constitution permit such potentially indefinite detention in light of the conflict’s duration.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether continued detention under the AUMF for the duration of hostilities—potentially decades— is statutorily and constitutionally permissible Al‑Alwi: AUMF and Constitution do not authorize effectively perpetual detention; current conflict duration and character make such detention impermissible Government: AUMF allows detention of enemy combatants while armed hostilities with al‑Qaeda/Taliban persist; detention may continue as long as hostilities continue Supreme Court denied certiorari; D.C. Circuit’s rule (detention while hostilities persist) remains binding. Justice Breyer would have granted certiorari to address the question of prolonged detention under AUMF/Constitution

Key Cases Cited

  • Hamdi v. Rumsfeld, 542 U.S. 507 (plurality opinion addressing AUMF detention and cautioning against "perpetual detention")
  • Boumediene v. Bush, 553 U.S. 723 (noting need to confront outer boundaries of wartime detention if terrorism persists)
  • United States v. Carver, 260 U.S. 482 (denial of certiorari does not signal the Court's view on merits)
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Case Details

Case Name: Al-Alwi v. Trump
Court Name: Supreme Court of the United States
Date Published: Jun 10, 2019
Citations: 139 S. Ct. 1893; 18-740
Docket Number: 18-740
Court Abbreviation: U.S.
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