nationalsecuritylaw Khadr v. Obama (S.Ct. May 23, 2011) (cert. denied)

* Khadr v. Obama (S.Ct. May 23, 2011) (cert. denied)

Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v. Obama, which raised the questions whether a judge should be able to second-guess the government’s determination of the risk that a person will be tortured if transferred to another country from GTMO and whether CAT Article 3 claims may be litigated in the habeas context (the DC Circuit had sided with the government on these questions).