The other day, I expressed bewilderment at the intellectual convergence between the political Left and Judge Laurence Silberman over whether post-Boumediene litigation has left habeas an empty shell.

One GTMO-related case—Khadr v. Obama (No. 10-751) remains pending before the Supreme Court at the certiorari stage, and it has just been re-listed for the first time (Kiyemba, in which the Court just den...

Today the Supreme Court denied cert. to the five Uighur detainees held at Guantanamo.

Two quick comments on today's New York Times editorial: First, the Times begins with a remarkable normative assertion: "In bringing justice to those accused of plotting the Sept.

Today counsel for the five Kiyemba v. Obama petitioners who are seeking cert.

The recent decision from the D.C. Circuit (the Esmail affirmance), and Supreme Court's recent cert. denials in several cases, warrant an update to our habeas numbers.

They say you can't tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him ...

Tomorrow morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in another Guantanamo habeas case, that of Hussain Salem Mohammad Almerfedi (Case No. 10-5291).

Judge Laurence Silberman's concurring opinion today in Esmail makes three points, each of them warranting comment. I have enormous regard for Judge Silberman, and I critique his opinion with caution. But...

The D.C. Circuit's per curiam opinion today in Esmail is unremarkable--exactly what one would have suspected from the oral argument. Judge Laurence Silberman's concurrence, by contrast, is altogether rem...

Today the D.C. Circuit, in a per curiam decision accompanied by a concurrence from Judge Laurence Silberman, affirmed Judge Henry Kennedy's denial of habeas to petitioner Yasein Khasem Mohammad Esmail (C...

Alejandro Manevich, a lawyer in Ontario and one of my oldest friends, writes in with the following: I have an idea for your Lawfare contest.  As a friendly amendment to Luis Dickson's proposal, might I s...