Chap003Cases

The Legal and Regulatory Environment of Business

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Case 03 Case 3-1 (Chapter 3, p. 83) BOUMEDIENE v. BUSH 128 S. Ct. 2229 (2008) FACTS: The U.S. Supreme Court became involved in this appeal over the use of the writ of habeas corpus to allow aliens at Guantanamo Bay to challenge their detention as enemy combatants. The D.C. Circuit Court of Appeals supported the government’s claim that the federal courts lacked jurisdiction to consider the habeas applications. ISSUE: Whether the constitutional privilege of habeas corpus applies to the detention of aliens at Guantanamo Bay? DECISION: Yes. The D.C. Circuit Court of Appeals decision is reversed. REASONS: 1. The procedures enacted by Congress under the Detainee Treatment Act are not an adequate and effective substitute for habeas corpus. The protection of the privilege of habeas corpus was one of the few safeguard of liberty specified in the Constitution that, at the outset, had no Bill of Rights. 2. We recognize that there are costs to holding that habeas corpus
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Unformatted text preview: proceedings may apply to cases of military detention abroad. While we are sensitive to these concerns, we do not find them dispositive. 3. Some of these petitioners have been in custody for six years with no definitive judicial determination as to the legality of their detention. The access to the writ of habeas corpus is a necessity to determine the lawfulness off their status. Case 3-1 Case 03 Case 3-1 continued (Chapter 3, p. 83) DISSENT: (Scalia) 1. The Court, for the first time, confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war. The writ of habeas corpus does not, and never has, run in favor of aliens abroad. 2. What drives the Courts decision is an inflated notion of judicial supremacy. The Court is second-guessing the judgment of Congress and the President in matters of national security. Case 3-2...
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Chap003Cases - proceedings may apply to cases of military...

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