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California Law Review Circuit

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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.



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