Al Odah v. United States

Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.

The case was a continuation of the landmark Center for Constitutional Rights case Rasul v. Bush (2004). That decision determined that Guantanamo detainees had to be provided an opportunity before an impartial tribunal to challenge the grounds of their detention. Since that decision, Congress passed the Military Commissions Act of 2006, which restricted detainees from filing habeas corpus petitions in federal court.

Al Odah is an umbrella effort, incorporating sixteen habeas corpus petitions. It was consolidated under Boumediene v. Bush, which shared habeas issues. Oral arguments were heard by the Supreme Court on December 5, 2007, and was one of the most anticipated cases before the Court in its term.

The decision, striking down that provision of the Military Commissions Act of 2006, was handed down on 12 June 2008. The Supreme Court ruled that detainees can appeal habeas corpus in civilian federal courts.

Al Odah v. United States was originally filed by the Center for Constitutional Rights and co-counsel in April 2002 on behalf of twelve imprisoned Kuwaitis, including Fawzi Al Odah, seeking the right of habeas corpus. A government motion to dismiss the petition was granted on July 30, 2002 by Judge Colleen Kollar-Kotelly of the US District Court for D.C. The Center for Constitutional Rights appealed the case, which had been consolidated with the other two leading habeas corpus petitions, Rasul v. Bush and Habib v. Bush. On March 11, 2003, the D.C. Circuit Court of Appeals dismissed the case.

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