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Criminal Law

: Sentencing Law and Policy

SCOTUS rules 5-4 for detainee habeas rights

By Douglas A. Berman

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As detailed in this early post at SCOTUSblog, this morning brings a notable detainee ruling that will bring back talk of a Kennedy court:In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that 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.Thanks to SCOTUSblog, all 134 pages of the Boumediene can be accessed here.  I have other planned obsessive activities today that will keep me from figuring out if anything in this long case will assist in regular criminal practice.  Readers are encourage to tell me what I might be missing.

Full post as published by Sentencing Law and Policy on June 12, 2008 (boomark / email).

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