Yale Law School Dean Harold Hongju Koh was one of 29 constitutional law professors from around the U.S. who filed an amicus, or friend-of-the-court, brief
December 12 with the 4th U.S. Circuit Court of Appeals in Richmond, Va., arguing that the government's treatment of Ali Saleh Kahlah al-Marri is unconstitutional. Dean Koh was one of the principal authors, along with Professor Gerald Neuman of Harvard Law School, and Professor Sarah Cleveland '94 of the University of Texas School of Law. Margaret L. Sanner of Reed Smith LLP acted as Counsel for Amici Curiae. Other signatories included Sterling Professor of Law and Political Science Bruce Ackerman '67, Arthur Liman Professor of Law Judith Resnik, and Visiting Professors Pamela Karlan '84 and Cass Sunstein.
Al-Marri was arrested in 2001 while studying in the United States. He has been detained by the U.S. government for more than three years in South Carolina as an “enemy combatant,” a charge he denies. The amicus brief contests the government’s interpretation of the Military Commissions Act of 2006, which abolishes al-Marri’s habeas right to challenge the lawfulness of his detention.