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Boumediene v. Bush

(2008)

Supreme Court of the United States - 553 U.S. 723

tl;dr:

§7 of the Military Commissions Act of 2006 allowing for a suspension of the writ of habeas corpus is unconstitutional.

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Facts & HoldingBoumediene v. Bush case brief facts & holding

Facts:Congress passed Detainee Treatment Act in 2005 to provide procedures...

Holding:DTA’s procedures are not an adequate & effective substitute for...

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Majority opinion, author: Justice Kennedy
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The Supreme Court has ruled that foreign nationals detained as enemy combatants at Guantanamo Bay have the right to habeas corpus and that the Military Commissions Act of 2006 is unconstitutional. The Court found that the writ of habeas corpus extends to Guantanamo Bay and that noncitizen inhabitants are entitled to certain fundamental personal rights under the Constitution. The Court has jurisdiction to consider whether the status determination of the CSRT was consistent with the Constitution and laws of the United States. The DTA and the MCA were intended to limit habeas review, unlike the statutes in Hayman and Swain which were designed to strengthen it. The DTA review process is constitutionally inadequate because it limits collateral review to an incomplete record and does not allow presentation of evidence discovered after the CSRT proceedings. The court finds MCA § 7 unconstitutional and concludes that the District Court can entertain petitioners' claims, but prudential barriers to habeas corpus review may exist. The Executive has a reasonable period of time to determine a detainee's status before a court entertains their habeas corpus petition. The Court recognizes the importance of the Judiciary Branch in confirming the Executive's powers as Commander in Chief, and hearing challenges to Executive authority is a legitimate exercise of the Judiciary's powers within the separation-of-powers structure. The Court emphasizes the significance of its responsibility to preserve habeas corpus and notes that today's decision is an act of perseverance in trying to make habeas review, and the obligation of the courts to provide it, mean something of value both to prisoners and to the Nation. However, the Court acknowledges that prudential barriers to habeas corpus review may exist.

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