In an amicus brief filed at the same time as the Government’s response to the petition for certiorari in Akbar (CAAFlog case page), University of Virginia School of Law professor Aditya Bamzai asserts that:
Marbury [v. Madison, 5 U.S. (1 Cranch) 137 (1803)] bars the Court from hearing this case. The provision that petitioner invokes (see Pet. 1) to establish certiorari jurisdiction, 28 U.S.C. § 1259, violates Article III, section 2, and Marbury’s holding by authorizing this Court to issue writs directly to executive branch officers.
Br. at 2.
The brief is available here.