Boumediene v. Bush
Citation and Court
553 U.S. 723 (2008) — Supreme Court of the United States
Facts
Lakhdar Boumediene and other foreign nationals were captured in the wake of the September 11 attacks, designated enemy combatants, and detained at the U.S. naval base at Guantanamo Bay, Cuba. Congress stripped federal courts of habeas corpus jurisdiction over Guantanamo detainees through the Military Commissions Act of 2006 (MCA). Detainees sought habeas review of their detention.
Issue
Whether foreign nationals detained at Guantanamo Bay have a constitutional right to habeas corpus review under the Suspension Clause of Article I, and whether the MCA’s jurisdiction-stripping provision is an unconstitutional suspension of that right.
Holding
Yes. Detainees at Guantanamo Bay have a constitutional right to habeas corpus review under the Suspension Clause; the MCA’s jurisdiction-stripping provision is an unconstitutional suspension of the writ because the Detainee Treatment Act’s review procedures are an inadequate substitute.
Rule / Doctrine
The Suspension Clause extends to Guantanamo Bay because the United States exercises de facto sovereignty over the base. The writ of habeas corpus cannot be suspended except in cases of rebellion or invasion (Article I, § 9, cl. 2); Congress may not eliminate habeas jurisdiction without providing an adequate substitute remedy that gives detainees a meaningful opportunity to challenge their detention.
Significance
Boumediene is the landmark habeas corpus decision of the war-on-terror era, holding for the first time that the constitutional habeas privilege extends to foreign nationals held at a U.S. military installation overseas. It represents a significant check on executive and legislative power to detain individuals indefinitely without judicial review.