THE SUPREME COURT’S DECISION IN BOUMEDIENE V. BUSH: THE MILITARY COMMISSIONS ACT OF 2006 AND HABEAS CORPUS JURISDICTION
The writ of habeas corpus is perhaps the most fundamental guarantee of liberty in a democracy. The United States’ federal habeas corpus statute was first enacted as part of the Judiciary Act of 1789. As Justice Stevens has noted, habeas corpus is “however, ‘a writ antecedent to statute . . . throwing its root deep… continue reading