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2007-S185 on Jun 22, 2007

A bill to restore habeas corpus for those detained by the United States; to the Committee on the Judiciary.

Sen. SPECTER. "I introduce this legislation, denominated the Habeas Corpus Restoration Act. Last year, in the Military Commissions Act, the constitutional right of habeas corpus was attempted to be abrogated. I say "attempted to be abrogated" because, in my legal judgment, that provision in the Act is unconstitutional.

"It is hard to see how there can be legislation to eliminate the constitutional right to habeas corpus when the Constitution is explicit that habeas corpus may not be suspended except in time of invasion or rebellion, and we do not have either of those circumstances present, as was conceded by the advocates of the legislation last year to take away the right of habeas corpus.

"We have had

Supreme Court decisions which have made it plain that habeas corpus is available to non-citizens and that habeas corpus applies to territory controlled by the US, specifically, including Guantanamo. More recently, however, we had a decision in the US District Court applying the habeas corpus jurisdiction stripping provision of the Military Commissions Act, but I believe we will see the appellate courts strike down this legislative provision.

"The New York Times had an extensive article on this subject, starting on the front page, last Sunday, and continuing on a full page on the back page about what is happening at Guantanamo. It is hard to see how in America, or in a jurisdiction controlled by the United States, these proceedings could substitute for even rudimentary due process of law."

Participating counts on VoteMatch question 14.



Democrats participating in 2007-S185

Neil Abercrombie s1oHawaii Democrat
Tammy Baldwin s1oWisconsin Democrat
Joe Biden s1oDE Democrat Jr Senator
Jeff Bingaman s1oNM Democrat Jr Senator
Rick Boucher s1oVirginia Democrat
Barbara Boxer s1oCA Democratic incumbent
Robert Brady s1oPennsylvania Democrat
Sherrod Brown s1oOH Democratic challenger, U.S. Rep.
Robert Byrd s1oWV Democrat Sr Senator
Maria Cantwell s1oWA Democrat Jr Senator
Benjamin Cardin s1oMaryland Democrat
Tom Carper s1oDE Democrat Jr Senator
Kathy Castor s1oFlorida Democrat
Hillary Clinton s1oNY Democrat Jr Senator
Steve Cohen s1oTennessee Democrat
John Conyers s1oMichigan Democrat
Joe Courtney s1oConnecticut Democrat
Elijah Cummings s1oMaryland Democrat
Susan Davis s1oCalifornia Democrat
Chris Dodd s1oCT Democratic incumbent
Richard Durbin s1oIL Democrat Sr Senator
Keith Ellison s1oMinnesota Democrat
Russell Feingold s1oPOTUS Democrat
Dianne Feinstein s1oCA Democrat Sr Senator
Bob Filner s1oCalifornia Democrat
Gabby Giffords s1oArizona Democrat
Kirsten Gillibrand s1oNew York Democrat
Luis Gutierrez s1oIllinois Democrat
John Hall s1oNew York Democrat
Phil Hare s1oIllinois Democrat
Tom Harkin s1oIA Democrat Jr Senator
Jane Harman s1oCalifornia Democrat
Brian Higgins s1oNew York Democrat
Mike Honda s1oCalifornia Democrat
Sheila Jackson Lee s1oTexas Democrat
Hank Johnson s1oGeorgia Democrat
Ted Kennedy s1oMA Democrat Sr Senator
John Kerry s1oMA Democrat Jr Senator
Amy Klobuchar s1oMN DFL challenger, Hennepin County Attorney
James Langevin s1oRhode Island Democrat
Rick Larsen s1oWashington Democrat
Frank Lautenberg s1oNJ Democrat Sr Senator
Patrick Leahy s1oVT Democratic incumbent
Carl Levin s1oMI Democrat Sr Senator
David Loebsack s1oIowa Democrat
Zoe Lofgren s1oCalifornia Democrat
Steve Lynch s1oMassachusetts Democrat
Carolyn Maloney s1oNew York Democrat/Liberal
Ed Markey s1oMassachusetts Democrat
Claire McCaskill s1oMO Democratic Jr Senator; previously state Auditor
Mike McIntyre s1oNorth Carolina Democrat
Michael McNulty s1oNew York Democratic/Ind./Cons.
Marty Meehan s1oMassachusetts Democrat
Robert Menendez s1oNew Jersey Democrat
Patrick Murphy s1oPennsylvania Democrat
Patty Murray s1oWA Democratic incumbent
Jerrold Nadler s1oNew York Dem./Lib./Working-Families
Bill Nelson s1oFL Democrat Sr Senator
Barack Obama s1oIL Democratic Jr Senator
Solomon Ortiz s1oTexas Democrat
Earl Pomeroy s1oNorth Dakota Democrat
Mark Pryor s1oAR Democratic Jr. Senator
John Rockefeller s1oWV Democratic Jr Senator
Ken Salazar s1oCO Democratic Jr Senator
Linda Sanchez s1oCalifornia Democrat
Bobby Scott s1oVirginia Democrat
Joe Sestak s1oPennsylvania Democrat
Carol Shea-Porter s1oNew Hampshire Democrat
Ike Skelton s1pMissouri Democrat
Louise Slaughter s1oNew York Democrat
David Adam Smith s1oWashington Democrat
Vic Snyder s1oArkansas Democrat
Debbie Stabenow s1oMI Democrat Jr Senator
Betty Sutton s1oOhio Democrat
Ellen Tauscher s1oCalifornia Democrat
Mark Udall s1oCO Democratic Senate Challenger; US Rep.
Debbie Wasserman Schultz s1oFlorida Democrat
Mel Watt s1oNorth Carolina Democrat
Sheldon Whitehouse s1oRI Democratic Jr Senator, previously attorney general



Republicans participating in 2007-S185

Roscoe Bartlett s1oMaryland Republican
Walter Beaman Jones s1oNorth Carolina Republican
Arlen Specter s1pPA Republican incumbent



Independents participating in 2007-S185

Bernie Sanders s1oVermont Independent



Total recorded by OnTheIssues:

Democrats: 79
Republicans: 3
Independents: 1