Home -> Law Blog Directory -> Criminal Law Blogs -> Crime and Consequences

Criminal Law

: Crime and Consequences

Initial Thoughts on the Gitmo Case

By Kent Scheidegger et al.

The good news is that all the people who have been squawking about the "ultraconservative" Supreme Court look pretty foolish this morning. A quick scan of the Boumediene opinion indicates that most of it is refuting the government's theory that habeas doesn't extend to aliens at Gitmo because it is not in the United States. I expected from day one that was a loser. The opinion does not seem to deal much with the argument that the writ known to the Founders and incorporated in the Constitution was simply not available to military prisoners with no prior connection to the country, regardless of where they were held. See CJLF Brief, here. Given that this argument was not only in our brief but also raised expressly by the Solicitor General at oral argument, this omission is curious.continue to full post

Full post as published by Crime and Consequences on June 12, 2008 (boomark / email).