Stripping Habeas Corpus Jurisdiction Over Non-Citizens Detained Outside the United States: Boumediene v. Bush and the Supreme Court

By Scott Keller
June 03, 2007
In the ongoing saga over the detainees held at Guantanamo Bay, the D.C. Circuit recently upheld provisions of the Military Commissions Act of 2006 (MCA) that stripped jurisdiction over habeas corpus claims. In Boumediene v. Bush, Judges Randolph and Sentelle concluded that detainees could not challenge their statuses as enemy combatants through habeas corpus. Judge Rogers dissented, posing multiple questions that the majority did not have to address. While the U.S. Supreme Court was one vote short of granting certiorari, the issues in  Boumediene will likely be reviewed by the Court at some point as Justices Stevens and Kennedy voted to deny certiorari simply because the detainees had not exhausted all available remedies....