<< News Scan | Main | Nigeria: In Defence of Death Penalty >>


Blog Scan

| 0 Comments

Habeas Rights After Boumediene and Al Odah: As expected, the blogosphere was saturated with posts and comments on today's Boumediene and Al Odah decision. Lyle Denniston has a post on SCOTUSblog analyzing detainee rights now that they have been granted the right to habeas corpus. Denniston notes that the Supreme Court's decision does not foreclose Congress', or the President's, authority to create another method of review for the detainees. The decision did not say there could never be substitutes for habeas. The decision also left alone the Combatant Status Review Tribunals (CSRTs). Detainees at Guantanamo Bay will not be able to file with the federal court until after they have been determined to be "enemy combatants" by the CSRTs. Because detainees must go through the CSRTs first, Denniston wonders what exactly the majority of the Court meant when it said detainees were entitled to a "prompt" habeas hearing. Denniston then lists six rights he believes the Supreme Court requires a detainee to be afforded when he seeks review under habeas corpus.

Reaction to Boumediene: For our readers interested in the reaction to today's decision Tony Mauro at the BLT has a post on the "dramatic" reaction to Justice Kennedy's opinion, as it was announced by the Court this morning. The Volokh Conspiracy also has several posts from Orin Kerr, Jonathan Adler and Ilya Somin giving their thoughts on today's decision.

The Boumediene Dissents:
Much was made of the majority opinion, so Ed Whalen at Bench Memos helpfully offers some excerpts from Chief Justice Roberts' and Justice Scalia's dissents.

Irizarry and Sentencing: And if you've had enough of Boumediene for today, Douglas Berman at Sentencing Law and Policy has two posts on his thoughts on today's Irizarry decision. Berman states he is "not sure upon first read whether the ruling is very important or just a review of matters established by modern Booker progeny like Gall and Kimbrough."

Leave a comment

Monthly Archives