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Boumediene Vs. Bush
Cites for this judgment
- US Supreme Court
- Jun 12, 2008
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Syllabus October Term, 2007 Boumediene V. BushSearch
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In Hamdi v. RumsfeldSearch
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extended statutory habeas jurisdiction to Guantanamo. See Rasul v. BushSearch
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jurisdiction to review CSRT decisions. In Hamdan v. RumsfeldSearch
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had independent force in the territories that was not contingent upon acts of legislative grace. See, e.g., Dorr v. UnitedSearch
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s analysis in Reid v. CovertSearch
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post-World War II occupation, the Court, in Johnson v. EisentragerSearch
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circumstances, see, e.g., Cooper Industries, Inc. v. AviallSearch
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Brief any citation in this list with AI Studio
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s two leading cases addressing habeas substitutes, Swain v. PressleySearch
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U. S. 372 , and United States v. HaymanSearch
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Al Odah, Next Friend of Al Odah, et al. v. UnitedSearch
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States et al., also on certiorari to the same court. Boumediene v. BushSearch
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Opinion of the Court Boumediene V. BushSearch
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for lack of jurisdiction because the naval station is outside the sovereign territory of the United States. See Rasul v. BushSearch
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F. Supp. 2d 55 (2002). The Court of Appeals for the District of Columbia Circuit affirmed. See Al Odah v. UnitedSearch
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extended statutory habeas corpus jurisdiction to Guantanamo. See Rasul v. BushSearch
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opposite conclusion, holding the detainees had rights under the Due Process Clause of the Fifth Amendment. See Khalid v. BushSearch
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jurisdiction to review decisions of the CSRTs. Ibid. In Hamdan v. RumsfeldSearch
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This interpretive rule facilitates a dialogue between Congress and the Court. Cf. Hilton v. SouthSearch
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branches. This design serves not only to make Government accountable but also to secure individual liberty. See Loving v. UnitedSearch
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cf. Youngstown Sheet & Tube Co. v. SawyerSearch
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Clinton v. CitySearch
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s separation-of-powers structure, like the substantive guarantees of the Fifth and Fourteenth Amendments, see Yick Wo v. HopkinsSearch
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the privilege of litigating in our courts can seek to enforce separation-of-powers principles, see, e.g. , INS v. ChadhaSearch
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See King v. HallidaySearch
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rights of the detained by affirming the duty and authority of the Judiciary to call the jailer to account. See Preiser v. RodriguezSearch
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see generally Khera v. SecretarySearch
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King v. SchieverSearch
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reprint 1989). And there is some indication that these jurisdictions were considered sovereign territory. King v. CowleSearch
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reason of distance, of the English courts to enforce their judgments outside their territorial jurisdiction. Cf. Munaf v. GerenSearch
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decline, therefore, to infer too much, one way or the other, from the lack of historical evidence on point. Cf. Brown v. BoardSearch
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s position well before the events of September 11, 2001. See, e.g. , Brief for Petitioners in Sale v. HaitianSearch
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the Court has held that questions of sovereignty are for the political branches to decide. See Vermilya-Brown Co . v. ConnellSearch
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see also Jones v. UnitedSearch
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Williams v. SuffolkSearch
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s construction of the lease agreement would be entitled to great respect. See Sumitomo Shoji America, Inc. v. AvaglianoSearch
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when the territory is seized during war, as Guantanamo was during the Spanish-American War. See, e.g. , Fleming v. PageSearch
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King v. EarlSearch
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Save for a few notable (and notorious) exceptions, e.g. , Dred Scott v. SandfordSearch
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Court addressed whether the Constitution, by its own force, applies in any territory that is not a State. See De Lima v. BidwellSearch
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Dooley v. UnitedSearch
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Armstrong v. UnitedSearch
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Dorr v. UnitedSearch
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