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ImmigrationProf Blog
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BREAKING NEWS: Gitmo Detainees Win in Supremes!

By immigrationprof

SCOTUSBLOG reports that the Supreme Court ruled today that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights. If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion. In a second ruling on habeas, the Court decided unanimously that U.S. citizens held by U.S. military forces in Iraq have a right to file habeas cases, because it does extend to them, but it went on to rule that federal judges do not have any authority to bar the transfer of those individuals to Iraqi authorites to face prosecution or punishment for crimes committed in that country.

Details to follow!  For the opinion in Boumediene v. Bush click here.  SCOTSblog has some preliminary observations as does Balkinization and the American Society of International Law website.

KJ