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Case Details

Case: Boumediene, Lakhdar, et al. v. Bush, George, et al. / Al Odah, Khaled, et al. v. U.S.
Subject(s): Habeas corpus, Suspension Clause, executive power, prisoners of war, statutory construction
Appealed from: Court of Appeals for the District of Columbia (Feb. 20, 2007)

Docket No: 06-1195 / 06-1196
Decision Rendered: No
Decision: None

Question(s) presented:

Holding of appellate court: When the case was appealed to the D.C. Circuit for the second time, the detainees argued that the MCA did not apply to their petitions, and that if it did, it was unconstitutional under the Suspension Clause. The Suspension Clause reads: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The D.C. Circuit ruled in favor of the government on both points. It cited language in the MCA applying the law to "all cases, without exception" that pertain to aspects of detention.

Date of Oral Arguments Your Prediction Your Prediction by Justice Update
Affirm Reverse Vacate Justice Affirm Reverse Vacate
Dec 05, 2007 Alito
Breyer
Ginsburg
Kennedy
Roberts
Scalia
Souter
Stevens
Thomas