Boumediene — The Great Sandbagging
MichaelW on Jun 13 2008 | Filed under: Domestic Politics, Foreign affairs, Law, MichaelW's Page, Military Matters, Notes on the war
UPDATE: Welcome QandO readers. Please look around after you’ve finished with this post, but McQ says you have to go back over to QandO when you’re done … but I won’t tell if you won’t.
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The recent Supreme Court case involving Guantanomo Bay (GITMO) detainees and writs of habeas corpus promises to be one of the most significant opinions for decades to come. Not because it grants foreign citizens the right to challenge their detention in U.S. civil courts (although that’s huge), nor because the decision will lead to possible terrorists being set free in the U.S. (which is almost inevitable), but because it sets a new standard for the power of the Supreme Court. However, no matter the angle from which one approaches the case, constitutional scholars will likely not tire of discussing its implications and applications for quite some time. This post will concentrate on just one of those angles (with others hopefully to follow). (more…)
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