In a 5-4 decision in Boumediene v. Bush, No. 06-1195, the Supreme Court ruled that foreign terrorist suspects held at Guantanamo Bay have the right to challenge their detentions in civilian courts. Delivering the opinion of the Court, Justice Kennedy wrote, "...these petitioners do have the habeas corpus privilege...The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” Defining the scope of the decision, Kennedy further specified, "We do not address whether the President has authority to detain these petitioners nor do we hold that the writ must issue. These and other questions regarding the legality of the detention are to be resolved in the first instance by the District Court." Coverage by the NY Times and the Washington Post.
Prof. Jack Chin participated in this amicus brief.
