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6 Rutgers J. L. & Pub. Pol'y 149 (2008-2009)
The Supreme Court's Decision In Boumediene v. Bush: The Military Commissions Act of 2006 and Habeas Corpus Jurisdiction

handle is hein.journals/rutjulp6 and id is 156 raw text is: Rutgers Journal of Law & Public Policy 0 THE SUPREME COURT'S DECISION IN BO UMEDIENE V. BUSH: THE MILITARY COMMISSIONS ACT OF 2006 AND HABEAS CORPUS JURISDICTION A. Hays Butler, The writ of habeas corpus is perhaps the most fundamental guarantee of liberty in a democracy. The United States' federal habeas corpus statute was first enacted as part of the Judiciary Act of 1789.2 As Justice Stevens has noted, habeas corpus is however, 'a writ antecedent to statute... throwing its root deep into the genius of our common law.' The writ appeared in English law several centuries ago, became 'an integral part of our common-law heritage' by the time the Colonies achieved independence . . . . 3 One of the most significant features of the Military Commissions Act (MCA) is its elimination of jurisdiction by any court over habeas corpus applications filed on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.4 In Boumediene II, the Supreme Court decided that the MCA's elimination of habeas corpus rights violates the 1 Associate Professor and Law Librarian, Rutgers University School of Law, Camden. I am grateful for the assistance of Prof. Roger Clark in drafting this article. 2 Judiciary Act of 1789, 1 Stat. 73, ch. 20, § 14. 3 Rasul v. Bush, 542 U.S. 466, 473-74 (2004) (quoting Williams v. Kaiser, 323 U.S. 471,484 n.2 (1945), Preiserv. Rodriguez, 411 U.S. 475, 485 (1973)). 4 Military Commissions Act of 2006, Pub. L. No. 109-366 § 950j(b), 120 Stat. 2600, 2622-23 (amending lo U.S.C.A. § 950j(b) (2008)). 1 4 149 Fall 2oo8 Vol 6:1

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