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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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