Supreme Court confirmed in the Rasul case that American and British courts have routinely assumed jurisdiction over habeas claims made by aliens. British courts in the 18th century considered habeas claims of aliens held as enemy combatants. as did the U.S. Supreme Court during World War II. a war where we faced the possible destruction of democracy. These courts considered habeas claims of alien enemy combatants who had already received military trialsmeaning even before their habeas claims. they had already received more process than most noncitizen detainees will ever get now. Our legendary Chief Justice. John Marshall. in one instance granted relief to an alien enemy combatant bringing a habeas claim.
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