Merrick Garland on Homeland Security
In a dissent, Appeals Court Judge Merrick Garland said he would allow the Iraqi detainees' lawsuit to move forward against both military contractors. "No act of Congress and no judicial precedent bars the plaintiffs from suing the private contractors--who were neither soldiers nor civilian government employees," Garland wrote. "Employees of private contractors accompanying the Armed Forces in the field are NOT within the military's chain of command, and such contractors ARE subject to civil liability."
The imprisonment of the 17 Uighurs has drawn wide attention because of their claim that although they were in Afghanistan when the US invaded in 2001, they were never enemies of this country and were mistakenly swept into Guantanamo.
The one-paragraph notice from the appeals court said a three-judge panel [including Merrick Garland] found in favor of Huzaifa Parhat, a former fruit peddler who made his way from western China to a Uighur camp in Afghanistan. "The court directed the government to release or to transfer Parhat, or to expeditiously hold a new tribunal," the notice said. It said the court had found "invalid" the military's decision that he was an enemy combatant.
|Other Justices on Homeland Security:||Merrick Garland on other issues:|
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)
Merrick Garland(nominated 2016)
John Paul Stevens(1975-2010)
Sandra Day O'Connor(1981-2006)
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