Ali v. Obama’s Empirical Analysis

Citation profile

4 federal appellate · 5 district ·

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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The war against al Qaeda, the Taliban, and associated forces obviously continues. Congress and the President may choose to make long-term military detention subject to different, higher standards. Indeed, for many years now, under the direction of two Presidents, the Executive Branch has unilaterally conducted periodic reviews and released or transferred to foreign countries a large number — in fact, the vast majority — of Guantanamo detainees.... But absent a statute that imposes a time limit or creates a sliding-scale standard that becomes more stringent over time, it is not the Judiciary’s proper role to devise a novel detention standard that varies with the length of detention.”

   3 later decisions quote this exact passage · from the majority
   e.g. Al-Alwi v. Trump · Ali v. Trump

2. “[A]bsent a statute that imposes a time limit or creates a sliding-scale standard that becomes more stringent over time, it is not the Judiciary's proper role to devise a novel detention standard that varies with the length of detention.”

   2 later decisions quote this exact passage · from the majority
   e.g. Al-Alwi v. Trump · Ali v. Trump

3. “[T]he 2001 AUMF does not have a time limit, and the Constitution allows detention of enemy combatants for the duration of hostilities.”

   2 later decisions quote this exact passage · from the majority
   e.g. Al-Alwi v. Trump · Ali v. Trump