Posted by Orin Kerr:
Supreme Court Vacates Fourth Circuit Al-Marri Case and Remands With Order To
Dismiss::
http://volokh.com/archives/archive_2009_03_01-2009_03_07.shtml#1236366972
Seems like the right move to me, and certainly not unexpected. Via
[1]SCOTUSblog, here is the order:
The application of the Acting Solicitor General respecting the
custody and transfer of petitioner, seeking to release petitioner
from military custody and transfer him to the custody of the
Attorney General, presented to The Chief Justice and by him
referred to the Court is granted. The judgment is vacated and the
case is remanded to the United States Court of Appeals for the
Fourth Circuit with instructions to dismiss the appeal as moot. See
United States v. Munsingwear, Inc., 340 U.S. 36 (1950).
This means is that the 4th Circuit's splintered opinion in Al-Marri
will be wiped off the books, and if the issue ever comes up again
there won't be any controlling precedent either way.
References
1. http://www.scotusblog.com/wp/
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