Habeas Corpus
55 Articles
The Just Security Podcast: Discussion of Stephen Miller Remarks on Suspension of Habeas Corpus & Path Ahead
An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.
A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.
Three Ways Abrego Garcia’s Rights Violated — Two of Which the Government Admits
"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."
What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications
Trump's "invasion" EO could dangerously expand federal and state powers, enabling detention without trial and unauthorized war.
Equal Access to the Supreme Court for Servicemembers: The Missing Pieces
What Congress can do to complete the job of putting military and civilian cases on an equal footing in accessing the Supreme Court.
Immigration Is Not an “Invasion” under the Constitution
The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.
In US v. Husayn (Abu Zubaydah), the Supreme Court Calls Torture What It Is
"I do not read the recent decision ... as much of a victory for the government," writes Joseph Margulies. "In fact, I think it’s a loss for the Biden administration poorly disguised…
Cutting Edge Issues in Year 20 of the Guantánamo Habeas Litigation
After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.
Uncertain Future for the ICC’s Investigation into the CIA Torture Program
The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
What Comes Next After a Guantanamo Detainee’s Habeas Win
Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.
Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns
“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."
What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.