Lawfare Archive: Amanda Tyler on “Habeas Corpus in Wartime”
The Lawfare Podcast
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How Should We Have Thought About Bumedien?
i don't think that the founders were uncomfortable with judges second guessing some of these decisions. And i also think historically, there's a lot of evidence for courts exercising this kind of judicial review. Bumeden does not involve people who owe allegiance to the united states a ito. It does not involeou the territorial status of guantanimaa. How should we have thought about bumedien? The case in which the supreme court considered whether there is habeas jurisdiction over the detanes at guantanimo.
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