Ziglar v. Abbasi
In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Court stressed that national-security policy is the prerogative of the Congress and the President. Abbasi, 137 S. Ct. at 1861.
The plaintiffs note the Courts warning that national security should not become a talisman used to ward off inconvenient claims. Id. at 1862.
But the Court stated that this danger of abuse is particularly relevant in domestic cases. See id.
In Abbasi, aliens detained for immigration violations following the September 11 attacks brought a class action suit against high-level federal executive officials and detention facility wardens. 137 S. Ct. at 1852-54. The detainees alleged that they had been detained in harsh conditions, including that they were confined in tiny cells for over 23 hours a day, subjected to regular strip searches, denied basic hygiene products and most forms of communication, and subjected to regular verbal and physical abuse by guards. Id. at 1853.
Detainee-plaintiffs brought their Bivens claims alleging that the detention and policies authorizing it violated their Fourth and Fifth Amendment rights. Id. at 1853-54.