355 F. Supp. 2d 311 - Khalid v. Bush’s Empirical Analysis
2005
Citation profile
6 federal appellate · 14 district ·
Relationships
Applies 18 U.S.C. § 2441 (War Crimes Act of 1996) · 28 U.S.C. § 1350 (Torture Victim Protection Act of 1991) · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 5 U.S.C. § 701 · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Conley v. Gibson · Mistretta v. United States · Youngstown Sheet & Tube Co. v. Sawyer · Banco Nacional De Cuba v. Sabbatino · Zadvydas v. Davis
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he absence of federal court review of the conditions of the detention of a non-resident alien is ... consistent with the text of the Constitution and other Supreme Court precedent. The Founders allocated the war powers among Congress and the Executive, not the Judiciary. As a general rule, therefore the judiciary should not insinuate itself into foreign affairs and national security issues.”
1 later decision quote this exact passage · from the concurrence“individuals] who [were] part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who has committed a belligerent act or has directly supported hostilities in aid of enemy armed forces.”
1 later decision quote this exact passage · from the concurrence“cling to an expansive interpretation of the Supreme Court's recent opinion in Rasul as authority for this novel proposition.”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.