Boumediene v. Bush and the Role of the Courts in the War on Terror

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Last week, the Supreme Court once again waded into the murky legal waters of the War on Terror. In Boumediene v. Bush, a deeply divided court struck down a provision of the Detainee Treatment Act that limited the access to judicial review by detainees in Guantanamo seeking to challenge their classification as “enemy combatants.” The legal rationale for this decision, although controversial, was not complicated: aliens held by the United States in areas where the U.S. exercises sovereignty are protected by the Constitution; Guantanamo is within the de facto sovereignty of the United States; the Congress had not suspended the […]

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