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Habeas for Detainees

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Senate Report 110-90 on the Habeas Corpus Restoration Act of 2007, S. 185, is available here. As seems to be de rigueur in habeas debates, the opposing parties lock horns over history. At page 7, the majority cites the flawed history that found its way into the Supreme Court's opinion in Rasul v. Bush, 542 U.S. 466 (2004). On pages 23-24, the minority responds with a long quote from the CJLF brief in Hamdan v. Rumsfeld, 126 S. Ct. 2749 (2006). See also Hamdan v. Rumsfeld, 464 F. Supp. 2d 9, 16-18 (D.C.D.C. 2006) (on remand).

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