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Boumediene v. Bush

Docket No.: 06-1195
Certiorari Granted: Granted on rehearing.
Argued: December 5, 2007
Decided: June 12, 2008
Consolidated with: Docket No. 06-1196

Topics:

Article 1, Section 9, Paragraph 2: Suspension of the Writ of Habeas Corpus, AEDPA, Article I, Bill of Rights, Due Process, Extradition, Federalism, Fifth Amendment, Fourteenth Amendment, Sixth Amendment, Suspension Clause, habeas, habeas corpus, immigration, ineffective assistance of counsel, judicial review, murder, patent, separation of powers, stare decisis

PartyNames: Lakhdar Boumediene, et al., Petitioners v. George W. Bush, President of the United States, et al.
Petitioner: Lakhdar Boumediene, et al.
Respondent: George W. Bush, President of the United States, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 476 F3d 981
Supreme Court Docket

Lakhdar Boumediene, et al.
v.
George W. Bush, President of the United States, et al.
553 U.S. 723 (2008)
Question Presented:

1. Whether the Military Commissions Act of 2006, Pub. L. No. 109-366, 120 Stat. 2600, validly stripped federal court jurisdiction over habeas corpus petitions filed by foreign citizens imprisoned indefinitely at the United States Naval Station at Guantanamo Bay. 2. Whether Petitioners' habeas corpus petitions, which establish that the United States government has imprisoned Petitioners for over five years, demonstrate unlawful confinement requiring the grant of habeas relief or, at least, a hearing on the merits.

Question:

Should the Military Commissions Act of 2006 be interpreted to strip federal courts of jurisdiction over habeas petitions filed by foreign citizens detained at the U.S. Naval Base at Guantanamo Bay, Cuba? If so, is the Military Commissions Act of 2006 a violation of the Suspension Clause of the Constitution? Are the detainees at Guantanamo Bay entitled to the protection of the Fifth Amendment right not to be deprived of liberty without due process of law and of the Geneva Conventions? Can the detainees challenge the adequacy of judicial review provisions of the MCA before they have sought to invoke that review?

Note:

THE PETITIONS FOR REHEARING ARE GRANTED. THE ORDERS ENTERED APRIL 2, 2007, DENYING THE PETITIONS FOR WRITS OF CERTIORARI ARE VACATED. THE PETITIONS FOR WRITS OF CERTIORARI ARE GRANTED. THE CASES ARE CONSOLIDATED AND A TOTAL OF ONE HOUR IS ALLOTTED FOR ORAL ARGUMENT. AS IT WOULD BE OF MATERIAL ASSISTANCE TO CONSULT ANY DECISION IN BISMULLAH, ET AL., V. GATES, NO. 06-1197, AND PARHAT, ET AL., V. GATES, NO. 06-1397, CURRENTLY PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, SUPPLEMENTAL BRIEFING WILL BE SCHEDULED UPON THE ISSUANCE OF ANY DECISION IN THOSE CASES.

Boumediene v. Bush
ORAL ARGUMENT

December 5, 2007

Holding: REVERSED AND REMANDED.
Decision: Decision: 5 votes for Boumediene, 4 vote(s) against
Vote: 9-0
Opinion By:

Boumediene v. Bush
Case Documents

1Boumediene v. Bush Oral Argument Transcript (HTML)
2Boumediene v. Bush Oral Argument Transcript (HTML)
3Boumediene v. Bush Oral Argument Transcript
4Slip Opinion in Boumediene v. Bush (Opinion by Justice Anthony M. Kennedy)
Additional documents for this case are pending review.