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On March 25, 2008, the Supreme Court will hear argument in
the consolidated cases, captioned Munaf v. Geren, No.
06-1666 and Geren v. Omar, No. 07-394. These are the
most recent cases before the Court relating to the scope of
executive power during wartime. Specifically, the cases
address whether the courts have jurisdiction to hear habeas
petitions filed by U.S. citizens detained by the U.S.
military in Iraq, when the U.S. is acting as part of a
Multinational Force, pursuant to U.N. authorization. The
cases also test the limits on the executive authority to
transfer the habeas petitioners to Iraqi custody without
judicial process and where the petitioners allege they face
a serious risk of torture.
Seton Hall Law School Professor Baher Azmy
assisted with the amicus briefing in Omar and Munaf. Posted below are the
merits and amicus briefs filed in the Supreme Court. Because
the cases come to Court out of split judgments in the D.C.
Circuit Court of Appeals, by agreement the Government is
designated Petitioner (see Brief of Federal Parties, below)
and Omar and Munaf are designated Respondents (see Brief of
Habeas Petitioners Below).
Briefs of the Parties on the
Merits
Amicus Briefs in Support of
the Habeas Petitioners
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