The Supreme Court rules on Rasul v. Bush
In the summer of 2004 the United States Supreme Court
ruled on the habeas corpus submission Rasul v. Bush
.The Supreme Court confirmed that the aspect of the Bush Presidency's detainee policy that asserted that the detainees should have no access to the protections of habeas corpus was unconstitutional.
Detainee Treatment Act of 2005
The Detainee Treatment Act of 2005
prohibited US military and intelligence personnel from treating detainees in ways inconsistent with Armed Forces regulations. But it also restricted Guantanamo detainees from filing new writs of habeas corpus. Additionally, the act did not close off the habeas corpus submission that were already in the works.
The Supreme Court rules on Hamdi v. Rumsfeld
In the summer of 2006 the Supreme Court ruled that the Bush Presidency lacked the Constitutional authority
to empower Guantanamo military commissions
. They did rule, however, that the United States Congress
did have the authority to empower trial by military commission of the Guantanamo detainees.
Military Commissions Act of 2006
In addition to authorizing military commissions similar to those the Supreme Court overturned the Military Commissions Act of 2006
was intended to close off all the remaining writs of habeas corpus.
The Supreme Court and the Military Commissions Act
On June 29, 2007 the Supreme Court agreed to hear outstanding habeas corpus, opening up the possibility that they might overturn some... Read More