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Habeas Doesn't Reach Afghanistan

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The DC Circuit, trying to make sense of the relatively recent Supreme Court case of Boumediene v. Bush and the post-WW II precedent of Johnson v. Eisentrager, distinguished but not overruled in Boumediene, has held that habeas corpus for enemy detainees does not extend to Afghanistan. AP story is here.

The simple answer to the puzzle is that Justice Jackson was completely correct in Eisentrager, and Boumediene was wrongly decided, but of course that answer is not an option for the Court of Appeals.

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". . . . but of course that answer is not an option for the Court of Appeals."

On that point, see Romer v. Evans (Scalia, J., dissenting).

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