Bismullah v. Gates’s Empirical Analysis
551 F.3d 1068 · 2009
Citation profile
6 federal appellate · 7 district ·
Relationships
Applies 10 U.S.C. § 801 (Military Justice Act of 1968) · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Booker · Bob Jones University v. United States · Champlin Refining Co. v. Corporation Commission · Alaska Airlines, Inc. v. Brock · Cooper Industries, Inc. v. Aviall Services, Inc.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“substitute for and not a supplement to habeas corpus,” id. at 1072 , and thus the provision served no purpose after Boumediene held that detainees could bring habeas petitions. Id. at 1072-73 . Congress subsequently repealed § 1005(e)(3) of the DTA, which had given the D.C. Circuit exclusive jurisdiction to review convictions by military tribunals. National Defense Authorization Act for Fiscal Year 2010, Pub.L. 111-84, 123 Stat. 2190 , 2612. 8 . The text of § 7 of the MCA is set forth supra at note 6. 9 . In Boumediene, the Supreme Court held that the D.C. Circuit was”
1 later decision quote this exact passage · from the majoritye.g. Hamad v. Gates“[W]e must retain those portions of the Act that are (1) constitutionally valid, (2) capable of functioning independently, and (3) consistent with Congress' basic objectives in enacting the statute.”
1 later decision quote this exact passage · from the majority
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.