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Ali Hamza Suliman Al Bahlul v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-1076 · judgment August 4, 2020


Certiorari denied · December 6, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Is an agency head, who is statutorily given the “sole discretion and prerogative” to make “final and conclusive” decisions in adjudications that are casedispositive, unreviewable, and “binding upon all departments, courts, agencies, and officers of the United States,” a principal officer under the Appointments Clause?

  2. When, if ever, may a statute be construed to implicitly establish an office that a Department Head may fill under the Excepting Clause?

Counsel of record

For petitioner
Michel Paradis
U.S. Department of Defense Military Commission Defense Organization

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED. Justice Gorsuch and Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Nov 23 2021
    Letter of November 19, 2021 received from counsel for the petitioner. (Distributed)
  3. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  4. Nov 10 2021
    Reply of petitioner Ali Hamza Al Bahlul filed.
  5. Nov 03 2021
    Brief of respondent United States in opposition filed.
  6. Oct 01 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
  7. Sep 30 2021
    Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
  8. Aug 24 2021
    Petition for a writ of certiorari filed. (Response due October 4, 2021)