The Obama administration takes action in Al-Marri

You may recall that, on the first day of class, we discussed the case of Al-Marri v. Spagone, a case on which the Supreme Court has granted certiorari but has yet to hear oral arguments. At issue is a very important question in the government's prosecution of the "war on terrorism" to this point: whether the President can indefinitely detain a lawful United States resident on the grounds that the detainee constitutes an "enemy combatant." The case has been litigated to this point by the Bush administration. But there is a new sheriff in town, so to speak, and there has been speculation that the federal government would shift its position. Today, President Obama announced that the government will seek a delay in the filing of its brief at the Court (currently due February 20), and he has ordered the Justice Department to re-examine its legal position. You can find the President's announcement here.