On June 12, the Supreme Court handed down its opinion in the case of Boumediene v. Bush. The Court held that aliens being detained in Guantanamo Bay have a constitutional right to petition for habeas corpus and that the Detainee Treatment Act process of D.C. Circuit review is not an adequate alternative to such writs.

In his opinion for the Court, Justice Anthony Kennedy cited repeatedly to an article published in the May issue of the Virginia Law Review by Professors Paul D. Halliday & G. Edward White entitled The Suspension Clause: English Text, Imperial Contexts, and American Implications.

Once again, the slip opinion is available here, and the article is available here.

[More]