<em>Boumediene!</em>

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 haven't read the whole 134-page opinion yet (or even just the section on the jurisdiction-stripping question), but when I do, I will happily give you my analysis. Whether you want it or not!

Tom G Varik