October Term 2002 · Docket 01-1491
Can the government detain lawful permanent residents during removal proceedings?
the sides that brought the case argue Congress mandated detention for serious felons. the opposing sides claim this violates due process rights.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Theodore Olson argued Congress acted based on overwhelming evidence.
He stated prompt removal is essential for border control.
He asserted Congress has the power to mandate detention.
Ms. Rabinovitz argued the statute violates due process rights. She questioned whether Congress authorized such broad detention. She emphasized the client is a lawful permanent resident. She noted the statute directs custody at criminal release. She argued this timing is critical to the legal question.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 27, lines 27-1 — Transcript, file page 27, lines 27-1
- Official Supreme Court Transcript — file page 3, lines 17-23 — Transcript, file page 3, lines 17-23
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 25-33 — Transcript, file page 52, lines 25-33
- Official Supreme Court Transcript — file page 54, lines 23-37 — Transcript, file page 54, lines 23-37
- Official Supreme Court Transcript — file page 57, lines 35-35 — Transcript, file page 57, lines 35-35
A citizen's guide to the whole case
What this case is about
This case tests the scope of federal detention powers. It pits border security needs against individual liberty. The Court must define the limits of mandatory detention.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 27-1 — Transcript, file page 27, lines 27-1
- Official Supreme Court Transcript — file page 3, lines 17-23 — Transcript, file page 3, lines 17-23
- Official Supreme Court Transcript — file page 52, lines 25-33 — Transcript, file page 52, lines 25-33
- Official Supreme Court Transcript — file page 54, lines 23-37 — Transcript, file page 54, lines 23-37
How the case got here
The Supreme Court heard oral argument in this case on January 15, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 57, lines 35-35 — Transcript, file page 57, lines 35-35
What each side wants
the sides that brought the case want the Court to uphold the mandatory detention statute.
the opposing sides want the Court to strike down the detention requirement.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 27-1 — Transcript, file page 27, lines 27-1
- Official Supreme Court Transcript — file page 3, lines 17-23 — Transcript, file page 3, lines 17-23
- Official Supreme Court Transcript — file page 52, lines 25-33 — Transcript, file page 52, lines 25-33
- Official Supreme Court Transcript — file page 54, lines 23-37 — Transcript, file page 54, lines 23-37
What each side says
the sides that brought the case argue Congress found prompt removal essential for border control.
the opposing sides argue the statute violates the Due Process Clause.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 27-1 — Transcript, file page 27, lines 27-1
- Official Supreme Court Transcript — file page 3, lines 17-23 — Transcript, file page 3, lines 17-23
- Official Supreme Court Transcript — file page 52, lines 25-33 — Transcript, file page 52, lines 25-33
- Official Supreme Court Transcript — file page 54, lines 23-37 — Transcript, file page 54, lines 23-37
What the justices asked
Does the statute authorize detention at criminal release or later?
Did Congress intend to cover all removal proceedings?
Official sources for this section
- Official Supreme Court Transcript — file page 57, lines 35-35 — Transcript, file page 57, lines 35-35
Why it matters
The outcome defines the balance between national security and personal freedom. It sets the standard for detaining non-citizens. It impacts how the government manages its borders.
Official sources for this section
- Official Supreme Court Transcript — file page 27, lines 27-1 — Transcript, file page 27, lines 27-1
- Official Supreme Court Transcript — file page 3, lines 17-23 — Transcript, file page 3, lines 17-23
- Official Supreme Court Transcript — file page 52, lines 25-33 — Transcript, file page 52, lines 25-33
- Official Supreme Court Transcript — file page 54, lines 23-37 — Transcript, file page 54, lines 23-37
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 57, lines 35-35 — Transcript, file page 57, lines 35-35
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 27, lines 27-1 — Transcript, file page 27, lines 27-1
- Official Supreme Court Transcript — file page 3, lines 17-23 — Transcript, file page 3, lines 17-23
- Official Supreme Court Transcript — file page 52, lines 25-33 — Transcript, file page 52, lines 25-33
- Official Supreme Court Transcript — file page 54, lines 23-37 — Transcript, file page 54, lines 23-37
- Official Supreme Court Transcript — file page 27, lines 27-1 — Transcript, file page 27, lines 27-1
- Official Supreme Court Transcript — file page 3, lines 17-23 — Transcript, file page 3, lines 17-23
- Official Supreme Court Transcript — file page 52, lines 25-33 — Transcript, file page 52, lines 25-33
- Official Supreme Court Transcript — file page 54, lines 23-37 — Transcript, file page 54, lines 23-37
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.