# Al-Bihani v. Obama

> Court of Appeals for the D.C. Circuit · August 31, 2010 · 619 F.3d 1

URL: https://www.frixlaw.com/law-library/cases/9438256

## Case

- **Full name:** Ghaleb Nassar AL-BIHANI, Appellant v. Barack OBAMA, President of the United States, Et Al., Appellees
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** August 31, 2010
- **Citations:** 619 F.3d 1; 393 U.S. App. D.C. 57; 2010 U.S. App. LEXIS 18169; 2010 WL 3398392
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Williams, Sentelle, Ginsburg, Henderson, Rogers, Tatel, Garland, Brown, Griffith, Kavanaugh
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9438256

## How later opinions describe it (automated extraction)

- discussing potential “serious consequences, such as subjecting the United States to sanctions, undermining U.S. standing in the world community, or encouraging retaliation against U.S. person-, nel abroad” should political branches “ignore or disregard international-law norms”…
- emphasizing that “[a]pplying” certain legal rules “to particular factual situations” in the foreign affairs and national security contexts involves a great deal “of subjective judgment”
- characterizing the “notion, common in the early years of the Nation ... that international law was part of the general common law that federal courts could apply” as “now discredited”
- finding “no persuasive evidence” to show “Congress would want a court to alter its interpretation of a statute based on a non-self-executing treaty”

## Opinion text

ORDER
On Petition for Rehearing En Banc
Appellant’s petition for rehearing en banc and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing and the -brief of amici curiae, it is
ORDERED that the petition be denied.
* A statement by Chief Judge Sentelle and Circuit Judges Ginsburg, Henderson, Rogers, Tatel, Garland, and Griffith, concurring in the denial of rehearing en banc, is attached.
* A statement by Circuit Judge Brown, concurring in the denial of rehearing en banc, is attached.
* A statement by Circuit Judge Kava-naugh, concurring in the denial of rehearing en banc, is attached.
* A statement by Senior Circuit Judge Williams is attached.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9438256. Public record. Not legal advice.