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Constitutional Law Keyed to Varat
Boumediene v. Bush
Citation:553 U.S. 723, 128 S.Ct. 2229, 171 L.Ed.2d 41 (2008).
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Boumediene and other Guantanamo Bay detainees sought writs of habeas corpus to review their status as enemy combatants. Some detainees had been held at Guantanamo Bay for years without the benefit of legitimate review of their detainment status. Section 7 of the MCA prohibited federal courts from hearing habeas cases from Guantanamo detainees. Their only means of appealing the military tribunal’s decision was through the process prescribed by the DTA. The DTA review process confined appellate courts to deciding whether the military tribunal followed “the standards and procedures” issued by the Department of Defense. However, the process would not allow a detainee the opportunity to present evidence discovered after the initial hearing.
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