Boumediene!
I was in court all day today and so I did not find out that the Supreme Court had ruled in Boumediene v. Bush today. [Note: PDF link.] The Court explicitly held that MCA § 7 (the jurisdiction-stripping amendment) was within Congress’ power to enact as a matter of Article III (but not within Congress’ power to enact as a matter of the Suspension Clause). I’ve said all along that this question, which the Court calls “a threshold matter” was more significant in the long run and from a separation-of-powers standpoint than any ruling on the much more popular and eagerly reported habeas issue. I [ . . . ]
Read the Rest...
