Kiyemba v. Bush (Uighur Case)

Amicus curiae brief of the Brennan Center for Justice at New York University School of Law, the Constitution Project, the Rutherford Institute, and the National Association of Criminal Defense Lawyers in support of Petitioner.

Brief filed: 10/31/2008


Kiyemba v. Bush (Uighur Case)

District of Columbia Circuit Court of Appeals; Case No. 08-5424, 08-5425, 08-5426, 08-5427, 08-5428, 08-5429

Prior Decision

Opinion below In re Guantanamo Bay Detainee Litigation, 581 F. Supp. 2d 33 (D.D.C. 2008).

Question Presented

Does the Constitution’s Separation of Powers grant the District Court the power to remedy the indefinite detention of conceded non-enemy combatants who were forcibly taken into U.S. custody?


The Executive’s asserted authority to indefinitely detain conceded non-enemy combatants is inconsistent with the Suspension Clause, Article III, and the Constitution’s framework of separated powers.

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Sharon Bradford Franklin, Constitution Project, Washington, DC; John W. Whitehead, Rutherford Institute, Charlottesville, VA; Malia N. Brink, National Association of Criminal Defense Lawyers, Washington, DC; Alex Young K. Oh, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington DC; Aziz Huq, Brennan Center for Justice at New York University School of Law, New York, NY.