I say "attempted to be abrogated" because. in my legal judgment. that provision in the Act is unconstitutional. It is hard to see how there can be legislation to eliminate the constitutional right to habeas corpus when the Constitution is explicit that habeas corpus may not be suspended except in time of invasion or rebellion. and we do not have either of those circumstances present. as was conceded by the advocates of the legislation last year to take away the right of habeas corpus. We have had Supreme Court decisions which have made it plain that habeas corpus is available to noncitizens and that habeas corpus applies to territory controlled by the United States. specifically. including Guantanamo. More recently. however. we had a decision in the U.S. District Court for the District of Columbia applying the habeas corpus jurisdiction stripping provision of the Military Commissions Act. but I believe we will see the appellate courts strike down this legislative provision.
Keywords matched
noncitizens