No. 23-1106

Martin Akerman v. United States

Lower Court: Armed Forces
Docketed: 2024-04-11
Status: Denied
Type: Paid
Response WaivedRelisted (2) Experienced Counsel
Tags: administrative-law administrative-state civilian-oversight due-process federal-employment habeas-corpus military-authority military-detention userra
Key Terms:
ERISA DueProcess FirstAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-06-06 (distributed 2 times)
Question Presented (AI Summary)

Did the U.S. Court of Appeals for the Armed Forces err in dismissing the petitioner's habeas corpus case for lack of jurisdiction?

Question Presented (OCR Extract)

QUESTION PRESENTED Tracing its origins to the Magna Carta of 1215, the writ of habeas corpus has been a fundamental pillar in the edifice of liberty, serving as a critical check on the arbitrary detention of individuals. This Great Charter . asserted that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land" (Magna Carta, : 1215, Chapter 39). , The framers of the United States Constitution, cognizant of this rich legal heritage, embedded the principle of habeas corpus within the Suspension Clause of the Constitution (U.S. Constitution, Article I, Section 9, Clause 2), signaling its indispensable role in : American jurisprudence. This inclusion was a clear indication that the writ was to be an enduring safeguard against the encroachment of tyranny. e Given the historical foundations of the writ of habeas corpus, did the United States Court of Appeals for the Armed Forces err by dismissing, for lack of jurisdiction, the petitioner's case, without considering that the essence of habeas corpus jurisdiction should be predicated on the . authority to review and potentially overturn the decision to detain, rather than merely on jurisdiction over the individual detained?

Docket Entries

2024-06-10
Rehearing DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-13
Petition DENIED.
2024-05-13
Petition for Rehearing filed.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-04-16
Waiver of right of respondent United States to respond filed.
2024-02-16
2024-01-04
Application (23A593) granted by The Chief Justice extending the time to file until March 29, 2024.
2023-12-19
Application (23A593) to extend the time to file a petition for a writ of certiorari from March 17, 2024 to March 29, 2024, submitted to The Chief Justice.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Martin Akerman — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent