Required for Con Law Class
In Boumediene v. Bush (DC Cir. 2007) the DC Circuit Court of Appeals upheld the Military Commissions Act (as we discussed in class) . In the opinion(pdf) two judges held that the provision suspending habeas rights for alien detainees was constitutional because aliens held outside the U.S. are not entitled to constitutional rights. One judge dissented arguing that Article I prohibits Congress from suspending the writ unless it finds that it is necessary to secure the peace during an invasion or rebellion. Congress made no such finding in the Act. The Supreme Court denied cert. Justice Souter took the unusual action of issuing a dissenting opinion(pdf) with Justice Ginsburg and Breyer joining.