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