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Constitutional Law Keyed to Choper
Boumediene v. Bush
Citation:
553 U.S. 723 (2008)Facts
Following the terrorist attacks of September 11, 2001, Congress passed the Authorization for Use of Military Force (AUMF), empowering the President to use all necessary force against those responsible. The Department of Defense established Combatant Status Review Tribunals (CSRTs) to determine whether individuals detained at Guantanamo Bay were “enemy combatants.” The petitioners were foreign nationals captured in Afghanistan and elsewhere abroad who were designated as enemy combatants and detained at Guantanamo. They denied membership in al Qaeda or the Taliban and sought habeas corpus relief in federal court. Congress responded by passing the Detainee Treatment Act of 2005 (DTA) and later the Military Commissions Act of 2006 (MCA), which stripped federal courts of jurisdiction to hear habeas petitions from alien detainees. The petitioners challenged the constitutionality of these acts, arguing that they violated the Suspension Clause of the Constitution.
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