Some holds barred : extending executive detention habeas law beyond Guantanamo bay
Ashley E. Siegel
Host item entries:
Boston university law review, Vol. 92, no. 4, July 2012, p. 1405-1430
Photocopies. - Source : https://www.bu.edu/law/journals-archive/bulr/documents/siegel_000.pdf (last accessed on 16.06.2020)
Part I reviews habeas law from its historical roots to its modern application in executive detention cases brought about by the United States detention of aliens at Guantanamo Bay. Part II examines alien detention abroad apart from the habeas context. Part III explores the likelihood and appropriateness of extending the Boumediene line of cases to scenarios of alien detainees held abroad by foreign governments at the behest of the United States. The Supreme Court has recently demonstrated a greater willingness to exert its power in the national security realm, no longer giving broad deference to the Executive’s wartime powers. The Supreme Court in this realm appears to take a functionalist, case-by-case approach that leaves open the possibility that the Court will exert itself in different executive detention contexts. Given the vital, fundamental individual rights implicated by executive detention, the Supreme Court should continue to actively review the actions of the legislative and executive branches. Further, based on the reasoning supporting its past precedents, the Court should extend jurisdiction to detainees held by foreign nations at the behest of the U.S. government.