Power Misdirected: Did the Boumediene v. Bush Decision Represent a Victory for Separation of Powers?
Publication Date: January 2008
Publisher(s): Hoover Institution on War, Revolution, and Peace
Author(s): Peter Berkowitz
Series: Hoover Digest
Keywords: Boumediene v. Bush; Law and Justice; Guantánamo
Coverage: United States
In its decision in Boumediene v. Bush (2008), the Supreme Court has decided that foreign nationals captured overseas and detained abroad as enemy combatants have a constitutional privilege to challenge their detentions in U.S. civilian courts. The decision represents judicial overreach rather than a victory for separation of powers.