When Ketanji Brown Jackson Represented the Cato Institute
In addition to having been an appellate judge, trial court judge, and public defender, Supreme Court nominee Ketanji Brown Jackson spent some time in private practice at Morrison & Foster. Like many lawyers, she devoted some of her time to pro bono work. One of her projects was serving as counsel of record on an amicus brief submitted in Al-Marri v. Spagone, a case concerning the military’s authority to detain individuals who were lawfully present in the country. Of particular note, this brief was submitted on behalf of the Constitutional Project, the Rutherford Institute, and the Cato Institute.
The brief argued that the military’s detention of Ali Saleh Kahlah Al-MArri was unlawful. I’ve reproduced the summary of the argument below the jump.
The government has claimed, and the fractured en banc Fourth Circuit erroneously concluded, that the President has authority to use the military to detain, without charge or trial, persons who are lawfully in the United States and who have allegedly engaged in terrorism-related conduct.
There is no such authority—not in any Act of Congress nor in the Constitution. Thus, neither the government’s claim nor the ruling below can be sustained.
The government has pointed to the Authorization for Use of Military Force (AUMF), Pub. L. No. 107-40, 115 Stat. 224 (2001), as the source of congressio
Article from Reason.com