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The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
Northern Illinois University Law Review
This article examines the jurisdictional features of the newly enacted Detainee Treatment Act of 2005 and the Supreme Court's Hamdan v. Rumsfeld decision as it relates to the retroactive application of the Act. In particular, the article considers the impact of the Act on the Supreme Court's earlier Rasul v. Bush decision and considers whether the statute, as interpreted by the Court in Hamdan, successfully abrogated that controversial decision or leaves certain unintended infirmities untreated. The article explores the Congressional history of the Act and explains how that history supported the Supreme Court's ultimate conclusion in Hamdan that Congress failed …
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Northern Illinois University Law Review
This article discusses the Supreme Court's controversial Rasul v. Bush decision--a case dealing with the ability of the federal courts to entertain the habeas petitions filed by terrorist suspects detained at Guantanamo Bay, Cuba. The article seeks to make four contributions. First, it argues that the Supreme Court has misinterpreted its own precedent in its interpretation of the territorial reach of the habeas corpus statute. Secondly, it argues that the Court misread the historical record pertaining to the territorial reach of the writ of habeas corpus--which antedated the adoption of the Constitution and was explicitly engrafted into the text of …