Unnamed & Uncharged: Next Friend Standing and the Anonymous Detainee
Scott Harman-Heath[*] [Full text of this Article in PDF is available at this link] Introduction For nearly three months beginning in September 2017, the United States detained a U.S. citizen “unnamed, uncharged, and, despite his request, without access to counsel.”[1] The government asserted that John Doe was detained as an enemy combatant in Iraq and that no party had Article III standing to seek judicial review of Doe’s detention.[2] The American Civil Liberties Union (“ACLU”) contested the legality of Doe’s ongoing detention by seeking a writ of habeas corpus on Doe’s behalf, pursuant to a doctrinal exception called “next friend standing.”[3] The […]

