Monday, June 16, 2008

Yay

Congress has enacted a statute, the Detainee Treatment Act of 2005 (DTA), 119 Stat. 2739, that provides certain procedures for review of the detainees’ status. We hold that those procedures are not an ade­quate and effective substitute for habeas corpus. There­ fore §7 of the Military Commissions Act of 2006 (MCA), 28 U.S.C.A. §2241(e) (Supp. 2007), operates as an unconsti­tutional suspension of the writ. (Justice Kennedy writing for the majority in Boumediene v. Bush)

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