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Status Updates
Now that the semester is winding down, I finally have some time to take a look at the status of the remaining habeas cases involving student and faculty activists. Specifically, I am referring to the cases of Mahmoud Khalil, Rumeysa Ozturk, Mohsen Mahdawi, and Badar Khan Suri. All four sought habeas corpus protection in federal Continue reading
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Bowe v. United States
Last week the Supreme Court heard oral arguments in Bowe v. United States. Bowe is a habeas corpus case – but also a case so complex as to render it almost impenetrable for the kind of brief analysis found in most blogs The case focuses on the applicability of 28 USC §2244 to federal habeas cases filed pursuant to Continue reading
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W.M.M. Redux
The Fifth Circuit Court of Appeals recently granted a petition from the Government seeking a rehearing en banc in W.M.M. v. Trump. Because there still is a habeas corpus aspect to this case – and a suggestion by the dissent in the panel opinion that class certification isn’t appropriate for habeas cases – it is worth looking at the Continue reading
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Rivers v. Guerrero
In the flurry of habeas corpus cases involving student protestors filed and argued during the spring and summer, I neglected to comment on a U.S. Supreme Court decision from last June – Rivers v. Guerrero. Rivers is a technical habeas corpus case involving sequential filings made while other filings were still pending. Following a conviction in Texas state Continue reading
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Expanding Habeas Rights?
Proponents of habeas corpus have been fighting a losing battle against those seeking to restrict the writ to its narrowest possible application. The biggest blow to habeas was certainly wielded by Congress with the passage of the AEDPA in 1996. Since then, the Supreme Court has contributed to the demise of the writ by steadily narrowing the Continue reading
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Habeas Corpus and Class Certification
Yesterday I had the privilege of participating in a panel discussion co-sponsored by Ohio Northern University’s and Mississippi College’s Colleges of Law on AARP(WMM) v. Trump. This panel discussion had been planned well ahead of time but, as luck would have it, the 5th Circuit Court of Appeals issued their ruling on the motion for a preliminary hearing Continue reading
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My final historical post
This last historical post is more consistent with the types of habeas issues that have predominated in this blog over time – a use of habeas to challenge a criminal conviction. It was first published on July 28. The Second Circuit Court of Appeals issued an interesting habeas corpus opinion on Monday in Hernandez v. McIntosh. Continue reading
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Wrapping up – Part 8
The post below was an attempt to give a status update on the student deportations cases. It was originally published on June 27. Now that the dust has settled somewhat from the flurry of cases involving what I will refer to as “academic activists” who were detained by the Government and who subsequently filed habeas Continue reading
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A Step Back in Time – Part 7
In the continuing process of migrating some of my more recent and relevant posts to this new platform I offer a post I published on June 4 regarding the litigation surround Khalil. Last week, in Khalil v. Trump, Judge Farbiarz issued a 106-page order and opinion denying in part and granting in part (sort of) Khalil’s motion for Continue reading
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A Step back in Time – Part 6
The steps taken by the Federal Courts in Maryland resulted in the unprecedented lawsuit filed against the entire Maryland Federal judiciary by the Trump administration in United States of America v. Russell, et. al. On August 26, the Fourth Circuit Court of Appeals threw out that lawsuit. The post below, published on May 23, describes Continue reading
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The Great Writ 