Military Commissions Act

The Federalist Society takes no position on particular legal or public policy initiatives. All expressions of opinion are those of the author or authors. We hope these and other briefing papers will help foster discussion and a further exchange regarding the important issues that will need to be addressed in the coming months.


  • To read a paper in support of the Military Commissions Bill written by a group of prominent conservatives, click HERE.
  • The President held a press conference to discuss the creation of military commissions to try suspected terrorists. A copy of his speech can be found HERE.
  • Andrew C. McCarthy called the measure “entirely appropriate” and argues that it does not violate detainees’ rights HERE.
  • James Jay Carafano of the Heritage Foundation urged Congress to compromise with the President and pass the bill. His arguments can be found HERE.


  • Katherine Newell Bierman, the Counterterrorism Counsel for the Human Rights Watch, testified in front of the Senate Committee on Armed Services. To read a copy of her opening statement, click HERE. (PDF)
  • Professor Neal K. Katyal of Georgetown Law School also argued against the commissions in front of the Committee. His opening statement can be found HERE. (PDF)
  • The Center for American Progress’ Mark Agrast called the bill a “travesty.” To read two columns by Mr. Agrast click HERE and HERE.
  • The Editorial Board of the Washington Post was concerned about the bill, click HERE.