So What Does the Supreme Court Do with al-Marri Now?
Yesterday Barack Obama signed an Executive Order directing an immediate review of al-Marri’s status. “The Review shall expeditiously determine the disposition options with respect to al-Marri and shall pursue such disposition as is appropriate.”
So what should the Supreme Court do with the al-Marri case now? As I noted earlier this month, Obama essentially has the choice to either detain, deport, and prosecute al-Marri. Each is perilous and fraught with difficulty. I certainly don’t think this Executive Order renders the case moot. Presumably his status remains unchanged during the review period.
But perhaps what this Executive Order does is buy time. It would be prudent for the Supreme Court to either dismiss the case as improvidently granted or at a minimum provide the Department of Justice an extension of the February 20 (with a requested extension to March 23) briefing deadline. I can’t imagine the case will go full-steam ahead in light of this development.