habeas corpus

Latest in habeas corpus

Detention: Non-Guantanamo Habeas Litigation

ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld

If ACLU v. Mattis eventually reaches the underlying merits, the court will need to wrestle with the historical backdrop that informed ratification of the Suspension Clause and its operation through much of American history along with difficult questions going to the extraterritorial application of the United States Constitution.


Questions Senators Should Ask at the AUMF Hearing Regarding the US Citizen Enemy Combatant

On October 30th, the Senate Committee on Foreign Relations will hold a hearing titled "The Authorizations for Use of Military Force: Adminstration Perspective," featuring Secretaries Mattis and Tillerson.  This is a good thing.  We should have an updated AUMF.  But, failing that, we should at least have regular and serious hearings in which Congress elicits information about how the President currently construes these authorities.

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