This page contains Supreme Court rulings -- with summaries of the majority and minority conclusions.
Decided Jun 28, 2004
Case Ruling: RASUL v. BUSH
The petitioners, foreign citizens captured by the US military during the hostilities in Afghanistan and currently detained at the US naval base at Guantanamo Bay, Cuba, seek the writ of habeas corpus (right to a hearing) to challenge their indefinite detention without charges or hearing.HELD: Delivered by Stevens; joined by O`Connor, Souter, Ginsburg, & BreyerPersons held in custody can file a claim that the custody is illegal. By treaty, the Guantanamo naval base is under the complete jurisdiction and control of the US, even though Cuba retains "sovereignty" if the US abandons the base. That is sufficient for the habeas corpus statute. The petitioners have had no hearings, unlike the German nationals captured in China after WW II and imprisoned in Germany who were denied habeas corpus by the Supreme Court. Authority to hear these claims should be interpreted broadly because in the common law history of habeas corpus, this law extended to places under the
king's "dominion", even if not part of the "realm."CONCURRED: Kennedy concursThe Court's conclusions about certain statutory interpretation are incorrect, but the outcome is correct. The petitioners are far away from the military's combat operations, in a place entirely controlled by the US, and being held indefinitely, so should have the writ of habeas corpus.DISSENT: Filed by Scalia; joined by Rehnquist & ThomasThe petitioners are not within the territory of a district court, nor even in the US; Parts of Afghanistan have been brought by lawful force and arms within US control as much as Guantanamo has. No English common law case allowed habeas writ to persons off British soil unless they also were citizens. The detention of combatants during war is a Constitutional power of the President. In the absence of a statute passed by the Congress, US courts have no authority in the matter, can only confuse military efforts, and will give comfort to the enemy.
Participating counts on VoteMatch question 14.
Question 14: Maintain US sovereignty from UN
Scores: -2=Strongly oppose; -1=Oppose; 0=neutral; 1=Support; 2=Strongly support.
- Topic: Homeland Security
- Headline: Guantanamo detainees allowed habeas writ in US courts
(Score: -1)
- Headline 2: Habeas writ for terrorists in indefinite custody
(Score: -1)
- Headline 3: No statute gives habeas review for non-citizens outside US
(Score: 2)
Participating counts on AmericansElect question 9.
- Headline: Guantanamo detainees allowed habeas writ in US courts
(Answer: A)
- Headline 2: Habeas writ for terrorists in indefinite custody
(Answer: A)
- Headline 3: No statute gives habeas review for non-citizens outside US
(Answer: B)
- AmericansElect Quiz Question 9 on
Reform:
Which of the following comes closest to your personal opinion?
- A: To make this country great, we should return to the examples and values of our forefathers
- B: This country is already great, we shouldn't change a thing
- C: To make this country great, we should keep building and adapting for the future
- Key for participation codes:
- Sponsorships: p=sponsored; o=co-sponsored; s=signed
- Memberships: c=chair; m=member; e=endorsed; f=profiled; s=scored
- Resolutions: i=introduced; w=wrote; a=adopted
- Cases: w=wrote; j=joined; d=dissented; c=concurred
- Surveys: '+' supports; '-' opposes.
Independents
participating in 04-RASUL |
Total recorded by OnTheIssues:
Democrats:
2
Republicans:
7
Independents:
0 |
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