California Law Review Circuit
combatants and noncombatants, detention of persons, habeas corpus
Law | Rule of Law | Supreme Court of the United States
In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, to use the writ to challenge the legality of his incarceration.1 Boumediene was a triumph of both the individual petitioner and the judiciary over the powers of the executive, and represents a high-water mark in the long and celebrated history of habeas.
Nancy J. King and Joseph L. Hoffmann,
Right Problem; Wrong Solution, 1 California Law Review Circuit. 49
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/781