Hogan Lovells 2024 Election Impact and Congressional Outlook Report
Insights and Analysis
Executive and Judicial Overreaction in the Guantanamo Cases
2005
The U.S. Supreme Court in Rasul v. Bush1 and Al-Odah v. United States held that detainees at Guantanamo Bay may challenge their detentions via writs of habeas corpus. Justice Stevens’ majority opinion held that ‘‘the federal courts have jurisdiction to determine the legality of the Executive’s potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing.’’
Read "Executive and Judicial Overreaction in the Guantanamo Cases"
Washington, D.C.
Search
