Court Cases
Liberty & National Security

Rev. Boyle v. Werner, et al.

Rev. Boyle believes he was unfairly targeted by the U.S. for his religious convictions and stance against the war. Both are violations of his First Amendment rights and the Religious Freedom Restoration Act.

– 02/25/08

Geren v. Omar and Munaf v. Geren

The Brennan Center represents two United States citizens, Shawqi Omar and Mohammad Munaf, who have been detained by the United States in Iraq for more than two years, and whose cases will be heard in the Supreme Court in March 2008.  On June 12, 2008, the Supreme Court issued its decision in this case.

– Decided

Ali Saleh Kahlah Al-Marri

The Center is defending a Qatari national detained as an “enemy combatant” in the United States. Mr. Al-Marri has been imprisoned without trial and without due process. The case was heard en banc in the Fourth District Court on October 31, 2007, and we are awaiting the decision. A separate, ongoing case is challenging Mr. al-Marri’s conditions of confinement.

– Ongoing

Hepting Amicus Brief (Ninth Circuit Court of Appeals)

The Brennan Center filed in the Ninth Circuit Court an amicus brief for a group of civil rights organizations working on behalf of ethnic minorities in a case dealing with the legality of domestic surveillance programs.

Arar v. Ashcroft (Second Circuit Court of Appeals)

The Brennan Center filed an amicus brief in the Second Circuit Court of Appeals on behalf of a group of federal judges in support of Maher Arar, a Canadian who was subject to extraordinary rendition to Syria.

– 12/19/06

Boumediene v. Bush

In August 2007, the Brennan Center filed an amicus brief in the U.S. Supreme Court on behalf of habeas corpus scholars in the United States and in the United Kingdom, explaining why habeas corpus rights must be granted to individuals held in Guantánamo Bay.

– Decided

Qassim v. Bush (District of Columbia Circuit Court of Appeals)

On behalf of six judges, the Brennan Center filed in the D.C. Circuit Court an amicus brief that brings light to the dangers of indefinite executive detention and urges the court to place checks on the executive branch.

Hamdan v. Rumsfeld (Supreme Court)

In January of 2006, the Brennan Center and Professor William N. Eskridge Jr. filed an amicus brief in the Supreme Court in support of the petitioner, arguing that there is no statute authorizing Hamdan to be tried by a military commission. 

– 01/06/06

Padilla v. Hanft (Fourth Circuit Court of Appeals)

In 2005, the Brennan Center filed with the Fourth Circuit Court of Appeals an amicus brief, urging the court to prohibit the executive branch from detaining individuals indefinitely in a military setting.

– 06/14/05