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Boumediene

By Karl R. Keys, Esq.

A Public Defender sums up Boumediene better than I ever could: Plenty of other commentators have far more intelligent comments and insights on Boumediene [pdf] than I have to offer, so I will direct you to them (see this SCOTUSblog post for a collection of links as well). I do want to leave you with this quote from Justice Kennedy?s opinion, via Orin at Volokh: Officials charged with daily operational responsibility for our security may consider a judicial discourse on the history of the Habeas Corpus Act of 1679 and like matters to be far removed from the Nation?s present, urgent concerns. Established legal doctrine, however, must be consulted for its teaching. Remote in time it may be; irrelevant to the present it is not. Security depends upon a sophisticated intelligence apparatus and the ability of our Armed Forces to act and to interdict...continue to full post

Full post as published by Capital Defense Weekly on June 12, 2008 (boomark / email).