January 8, 2010

BUT ENOUGH ABOUT THE CONSTITUTION, WHAT ABOUT ME?:

U.S. appeals court wary of habeas corpus challenge by detainees in Afghanistan (Del Quentin Wilber, 1/07/10, Washington Post)

During oral arguments, Judges David S. Tatel and Harry T. Edwards pushed one of the attorneys for the detainees, Tina Monshipour Foster, to craft an argument that would limit the reach of habeas corpus to just her clients at Bagram. They wondered whether granting such rights to the Bagram prisoners would extend habeas corpus to military bases across the globe. Such a ruling could be difficult to align with Supreme Court precedent, the judges suggested.

Foster said the judges could narrowly craft a decision applying only to her clients.


Why would the new right be limited to military bases?

Posted by Orrin Judd at January 8, 2010 6:16 AM
blog comments powered by Disqus
« DEVIATING FROM DEMOCRACY: | Main | THE ANGRY ATOM: »