Habeas Corpus

× Clear Filters
55 Articles
Just Security

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 cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

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."
Pedestrian commuters wait to enter the United States in line at a metal revolving gate.

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.
A view of the U.S. Supreme Court, with a cloudy sky

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.
White trucks drive along a dusty road in Mexico.

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.
The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

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.
International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

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…
The main gate at the prison in Guantanamo at the US Guantanamo Naval Base on October 16, 2018, in Guantanamo Base, Cuba. A tower with an American flag is seen behind barbed wire fencing.

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.
A screenshot from C-SPAN showing headshots of the Supreme Court justices. The caption underneath reads, “State Secrets, Torture & CIA Black Sites; Oral Argument; United States v. Zubaydah”

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."
A prisoner paces in a gated indoor area before evening prayers at the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba.

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.
1-12 of 55 items

DON'T MISS A THING. Stay up to date with Just Security curated newsletters: