[20171212]LSB10043_最高法院拒绝接受军事委员会的挑战——Al Bahlul和Al Nashiri.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Declines to Take Up Military Commission Challenges Al Bahlul and Al-Nashiri December 12, 2017 A version of this Sidebar originally appeared June 14, 2017. Update: The Supreme Court denied certiorari in both cases in October 2017. Two detainees at Guantanamo Bay earlier this year petitioned the Supreme Court for certiorari challenging the current military commission system under the Military Commissions Act (MCA), but in October 2017, the Court denied both petitions. The Supreme Court last addressed military commissions in Hamdan v. Rumsfeld, a 2006 case that struck down the tribunal system established by the executive branch. The Supreme Courts denial of certiorari in these two cases means that the issues will remain unresolved for the time being. In Al Bahluls case, due to the fractured nature of the opinion below, the Court of Military Commission Review (CMCR) opinion technically remains controlling, even though none of the appellate judges on the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) addressed its theory of the case and the government did no