Power Misdirected: Did the Boumediene v. Bush Decision Represent a Victory for Separation of Powers?
Publication Date: January 2008
Publisher: Hoover Institution on War, Revolution, and Peace
Author(s): Peter Berkowitz
Research Area: Justice
Keywords: Boumediene v. Bush; Law and Justice; Guantánamo
Type: Report
Coverage: United States
Abstract:
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.
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