Coalition of Clergy, Lawyers, & Professors v. Bush

310 F.3d 1153, 2002 WL 31545359
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 18, 2002
DocketNo. 02-55367
StatusPublished
Cited by23 cases

This text of 310 F.3d 1153 (Coalition of Clergy, Lawyers, & Professors v. Bush) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coalition of Clergy, Lawyers, & Professors v. Bush, 310 F.3d 1153, 2002 WL 31545359 (9th Cir. 2002).

Opinions

OPINION

WARDLAW, Circuit Judge:

A Coalition1 of clergy, lawyers, and law professors petitioned for a writ of habeas corpus on behalf of persons captured in Afghanistan by the Armed Forces of the United States and now held at Guantanamo Naval Base, Cuba, in a secure detention facility known as Camp X-Ray. The Coalition alleged that the detainees have been deprived of their liberty without due process of law, have not been informed of the nature and cause of the accusations against them or afforded the assistance of counsel, and are being held by the United States government in violation of the United States Constitution and the Third Geneva Convention.

The district court dismissed the petition on the grounds that: (1) the Coalition lacked next-friend standing to assert claims on behalf of the detainees; (2) the district court itself lacked jurisdiction to issue the writ; and (3) no federal court could have jurisdiction over the writ, so there is no basis to transfer the petition to another federal district court. Coalition of Clergy v. Bush, 189 F.Supp.2d 1036, 1039 (C.D.Cal.2002). The Coalition timely appealed.

Because we agree that the Coalition lacks next-friend and third-party standing to bring a habeas petition on behalf of the detainees, we hold that the district court lacked jurisdiction to decide that neither it nor any other United States federal court may properly entertain the habeas claims in this petition. We therefore affirm the district court’s holding as to standing, but reverse and vacate that portion of the decision that purports to adjudicate the rights of the detainees or persons on their behalf to petition before other United States courts.

I. Background

In an event forever seared upon the soul of America, members of the A1 Qaeda terrorist group engaged in a quick series of attacks upon the United States on September 11, 2001, killing thousands of civilians in New York, northern Virginia, and Pennsylvania, with the intent to work even more crippling damage upon the country. As the horror of these events was realized by the American people, the President and Congress united in their commitment of the Armed Forces of the United States to take military action against the A1 Qaeda terrorists and those who would harbor them, like the Taliban government of Afghanistan, to prevent any future acts of international terrorism. Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224 (Sept. 18, 2001) (authorizing the President “to use all necessary and appropriate force against those nations, [1157]*1157organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons”). American forces were sent to Afghanistan and neighboring countries, and a United States-led alliance attacked the forces of the Taliban government and A1 Qaeda.

The United States and its allies successfully removed the Taliban from power and captured, killed, or drove to flight some of the more notorious members of A1 Qaeda and the Taliban. Kabul, the capital of Afghanistan, was taken on November 13, 2001, and thousands of Taliban and A1 Qaeda combatants were eventually captured or surrendered. Among these captives, the detainees deemed most dangerous by the United States military were transferred to the United States Naval Base at Guantanamo Bay, Cuba.

The detainees are being held at the naval base in a secure facility known as Camp X-Ray. They have been visited by members of the International Red Cross and diplomats from their home countries. Although the detainees have not been allowed to meet with lawyers, they have had some opportunity to write to friends and family members.

The district court had jurisdiction over the habeas petition under 28 U.S.C. § 2241. This court has jurisdiction to review the district court’s final order over the habeas petition under 28 U.S.C. § 1291. We review a district court’s dismissal of a habeas petition de novo. Jiminez v. Rice, 276 F.3d 478, 481 (9th Cir.2001); Edelbacher v. Calderon, 160 F.3d 582, 583 (9th Cir.1998).

II. Discussion

This case stands or falls on whether the Coalition has standing to bring a habeas petition on behalf of the Guantanamo Bay detainees. Standing, as a general matter, raises both constitutional and prudential concerns incident to the exercise of jurisdiction. At its constitutional .core, standing is a manifestation of the Article III case-or-controversy requirement; it is the determination of whether a specific person is the proper party to invoke the power of a federal court. As the United States Supreme Court‘has stated, “[i]n essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.” Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). The Coalition does not assert direct standing, but instead urges us to find next-friend standing under the federal habeas statute or standing under traditional principles of third-party standing. We address these arguments in turn.

A. Next-friend standing under 28 U.S.C. § 2242.

The federal habeas statute provides that the “Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf.” 28 U.S.C. § 2242 (emphasis added). Congress added the words “or by someone acting in his behalf’ by amendment in 1948. Even before the- amendment, however, federal courts had long recognized that under appropriate circumstances, ha-beas petitions could be brought by third parties, such as family members or agents, on behalf of a prisoner. This species of third-party habeas standing, known as next-friend standing, was examined at length by the Supreme Court in Whitmore v. Arkansas, 495 U.S. 149, 161-64, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990). In Whitmore, the Supreme Court recognized that next-friend standing “has long been an accepted basis for jurisdiction in certain circumstances.” The Court explained:

[1158]*1158Most frequently, “next friends” appear in court on behalf of detained prisoners who are unable, usually because of mental incompetence or inaccessibility, to seek relief themselves. As early as the 17th century, the English Habeas Corpus Act of 1679 authorized complaints to be filed by “any one on ...

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Bluebook (online)
310 F.3d 1153, 2002 WL 31545359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coalition-of-clergy-lawyers-professors-v-bush-ca9-2002.