The Volokh Conspiracy writes on Boumediene, Executive Power, and Congressional Power: "In Boumediene, the Court challenges congressional power as well as the executive. It strikes down as unconstitutional several provisions of the Detainee Treatment Act of 2005 and the MCA. This is a nearly unprecedented situation where the Court rejected an important assertion of wartime power backed by both of the other branches of government. To my knowledge, virtually every previous case in which the Court ruled an important wartime policy unconstitutional was one where the policy in question was adopted by the executive acting alone."
They followup asking Could Congress Suspend the Writ of Habeas Corpus in the War on Terror?
Convictions says Next Time Just Issue a Press Release " So, despite its soaring rhetoric that "security subsists in fidelity to freedom's first principles," the opinion might be summarized as: Our security was breached on 9/11; we are unsure of the scope of the continuing threat, but we're feeling safe now. Because that is the case, Guantánamo will be treated as functionally part of the United States and alien detainees who are within it will be given access to the federal district courts by means of the writ of habeas corpus. It is just not proper to keep noncitizens in custody for six years with no regular, Article III judicial determination that we caught the real enemy...The Chief Justice's dissent admirably illustrates the empty suit character of the majority. I'm not prepared to join Justice Scalia's anticipation of military doom, though this much is true, the opinion disregards the wisdom of Justice Jackson, not in leaving an opinion lying around like a 'loaded weapon,' but by discharging and leaving a mess of anything that used to make sense in the jurisprudence of warfare and foreign affairs."
Linda Greenhouse writes Justices Rule Terror Suspects Can Appeal in Civilian Courts.
Jan Crawford Greenburg and Ariane De Vogue write Gitmo Inmates Get Court Rights.
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