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Boumediene v. Bush

United States Supreme Court
553 U.S. 723 (2008)



In 2005, Congress passed the Detainee Treatment Act (DTA) to provide certain procedures for Guantanamo Bay detainees to challenge their classification as unlawful alien enemy combatants. In 2006, Congress passed the Military Commissions Act (MCA). Section 7(a) of the MCA prevented detainees classified as unlawful alien enemy combatants from challenging the conditions of their confinement and detentions through a writ of habeas corpus. Boumediene (plaintiff) and several detainees classified as unlawful alien enemy combatants at Guantanamo Bay brought actions against the United States government (defendant) to challenge their detentions through writs of habeas corpus. The United States Court of Appeals for the District of Columbia Circuit upheld the constitutionality of the MCA. The detainees petitioned for certiorari to the United States Supreme Court.

Rule of Law


Holding and Reasoning (Kennedy, J.)

Concurrence (Souter, J.)

Dissent (Roberts, C.J.)

Dissent (Scalia, J.)

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