On Friday, May 9, senior White House official Stephen Miller said: “The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended at a time of invasion. So I would say that’s an action we’re actively looking at.” CNN later reported that President Donald Trump has been personally involved in discussions in the administration over potentially suspending habeas.
In this episode of the podcast, Ryan Goodman discusses the constitutional law on suspension of habeas, the context of Rümeysa Öztürk’s release on a habeas petition on Friday shortly before Miller’s remarks, and how the courts may respond.
Show notes:
1. Amy Coney Barrett, Suspension and Delegation, 99 Cornell Law Review 251 (2014)
2. Case of Rümeysa Öztürk Link to case summary and key court documents
3. Ryan Goodman and Dani Schulkin, A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss, Just Security, May 9, 2025
4. Ilya Somin, What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications, Just Security, January 28, 2025
5. Ryan Goodman, The Actual Threat: Attacks on Habeas and Citizenship Rights, YouTube
