OnTheIssues.org
Home Issues Candidates Recent Grid Archive Senate VoteMatch_Quiz
 Notebooks:   |   Bill   Sponsorships   Policy   Reports   Memberships/   Affiliations   Group   Ratings   Court   Rulings   Congressional   Surveys 
       

Bill Sponsorships
Policy Reports
Memberships / Affiliations
Group Ratings
Court Rulings
Senate Surveys


Bill Sponsorships:
Congressional bills 2011-2012
Congressional bills 2009-2010
2008 Presidential Contenders' bills
Congressional bills 1998-2008
2010 Senate signature bills
2008 Senate signature bills
2008 Presidential signature bills
Pres. Barack Obama's Senate signature bills
V.P. Joe Biden's Senate signature bills
Rep. Ron Paul's House signature bills
Sen. John McCain's Senate signature bills
Sen. Hillary Clinton's Senate signature bills


Memberships:
Congressional memberships 2012
Congressional memberships 2001-2011
112th Congress Committees
Congressional Caucuses
Congressional Group Ratings


Surveys:
Surveys: Collection of all surveys in one summary.
2012 Project Vote Smart
2012 Christian Coalition voter guide
2010 Christian Coalition voter guide
2010 Faith2Action.org voter guide
2010 Project Vote Smart
Contract From America
Contract With America


Reports & Letters:
Governmental Reports
Resolutions
Resolutions 2011
Letters
Letters 2011
Supreme Court Rulings
Supreme Court 2011:


Grids:
2008 Presidential
2004 Presidential
2000 Presidential
2008 Issues
2004 Issues
2000 Issues


Senate Votes:
2008-2011
Through 2011
Through 2009
Through 2007
Through 2003
1994-1999


House Votes:
2008-2011
Through 2011
1994-2004
1999-2003


  

    This page contains Supreme Court rulings -- with summaries of the majority and minority conclusions.

04-RASUL on Apr 20, 2004

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, & Breyer

Persons 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 concurs

The 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 & Thomas

The 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.



Democrats participating in 04-RASUL

Stephen Breyer j1US Democratic Appointee to Supreme Court 
Ruth Bader Ginsburg j1US Democratic Appointee to Supreme Court 



Republicans participating in 04-RASUL

Anthony Kennedy w2cUS Republican Appointee to Supreme Court 
Sandra Day O`Connor j1US Republican Appointee to Supreme Court (retired 2005) 
William Rehnquist j3dUS Republican Appointee to Supreme Court (until 2005) 
Antonin Scalia w3dUS Republican Appointee to Supreme Court 
David Souter j1US Republican Appointee to Supreme Court (retired 2009) 
John Paul Stevens w1US Republican Appointee to Supreme Court (retired 2010) 
Clarence Thomas j3dUS Republican Appointee to Supreme Court 



Independents participating in 04-RASUL



Total recorded by OnTheIssues:

Democrats: 2
Republicans: 7
Independents: 0


















Reproduction of material from any OnTheIssues.org pages without written permission is prohibited.
Copyright © 1999-2012 OnTheIssues.org & the SpeakOut Foundation, all rights reserved.
OnTheIssues.org 1770 Massachusetts Ave. #630, Cambridge MA 02140
E-mail us at:submit at OnTheIssues.org
| Advertising information | About Us
  Newsletter     Signup  
Email:
  
Zip:
    
Or click for More Info.