National Security

Question 1

Hambi v Rumsfeld & Rasul v Bush

Answer 1

Congress enacted the Detainee Treatment Act (DTA) of 2005, which among other things withdrew jurisdiction over habeas writs filed by aliens detained outside of the United States.

Question 2

Boumedine v Bush

Answer 2

Struck down law of Military Commissions Act of 2006, which denied federal courts jurisdiction over habeas applications filed by “unlawful combatants.”

Question 3

Hamdan v Rumsfeld

Answer 3

Without ruling on the constitutionality of that law, the Court held that enemy detainees whose habeas application were pending at the time of enactment of the DTA could invoke the judiciary’s jurisdiction; and ruled that they must be tried by civilian courts, courts martial, or military commissions as authorized by Congress.