Comments on: Questions Presented in the Detainee Cases http://www.scotusblog.com/wp/questions-presented-in-the-detainee-cases/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Roger Friedman http://www.scotusblog.com/wp/questions-presented-in-the-detainee-cases/comment-page-1/#comment-11472 Roger Friedman Sat, 30 Jun 2007 16:10:45 +0000 http://www.scotusblog.com/wp/uncategorized/questions-presented-in-the-detainee-cases/#comment-11472 For those of you who may have missed the 4th Circuit Judicial Conference panel on C-SPAN this morning, Tom Goldstein predicted that the Bush Administration would close Guantanamo rather than see its policies adjudicated. For those of you who may have missed the 4th Circuit Judicial Conference panel on C-SPAN this morning, Tom Goldstein predicted that the Bush Administration would close Guantanamo rather than see its policies adjudicated.

]]> By: stevej http://www.scotusblog.com/wp/questions-presented-in-the-detainee-cases/comment-page-1/#comment-11471 stevej Sat, 30 Jun 2007 00:36:14 +0000 http://www.scotusblog.com/wp/uncategorized/questions-presented-in-the-detainee-cases/#comment-11471 I'm surprised the SCOTUS would entertain question #1 (Boumediane). The Act does allow for federal court jurisdiction via the 10th circuit. As for question 4 (al odah): section 7 is titled "habeas corpus matters" so obviously section 7b "explicitly" refers to habeas corpus. In my view, the real danger here is the potential for judicial usurpation: the constitution clearly gives congress the power to limit the SCOTUS's appellate jurisdiction in habeas cases. I’m surprised the SCOTUS would entertain question #1 (Boumediane). The Act does allow for federal court jurisdiction via the 10th circuit.

As for question 4 (al odah): section 7 is titled “habeas corpus matters” so obviously section 7b “explicitly” refers to habeas corpus.

In my view, the real danger here is the potential for judicial usurpation: the constitution clearly gives congress the power to limit the SCOTUS’s appellate jurisdiction in habeas cases.

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