Constitutional Law

Supreme Court: Guantanamo Detainees Have Habeas Rights

SCOTUSBlog reported that the Supreme Court ruled in Bouemediene v. Bush this morning, explaining the Court held “foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights.” The decision, written by Justice Kennedy, is available here. The majority opinion was joined by Justices Stevens, Souter, Ginsburg, and Breyer.

Justice Souter wrote a concurring opinion, joined by Justices Ginsburg and Breyer. Chief Justice Roberts authored a dissenting opinion, joined by Justices Scalia, Thomas, and Alito. Justice Scalia also wrote a dissenting opinion, joined by Justices Roberts, Thomas and Alito.

In related decisions, the Court released its unanimous opinion by Chief Justice Roberts in Munaf v. Geren and Geren v. Omar, holding that federal courts do not have the authority to prevent American detainees held by the U.S. military from being transferred to Iraqi authority for crimes committed in violations of Iraqi laws, although they retain the right to file habeas appeals.

Full post as published by ACS Blog on June 12, 2008 (boomark / email).