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| | SCOTUSblog: Hamdan, Rasul, et al., Imperiled |
 | | Posted by Marty Lederman at 05:36 AM The Senate yesterday by a vote of 49-42 passed an amendment to the Defense Appropriations bill, offered by Lindsey Graham, section (d) of which would eliminate the statutory right of habeas corpus for alien detainees held by the Department of Defense at Guantanamo. |
 | | Now, of course, Rasul was decided on statutory grounds, and Stevens didn't specifically say that all six of these facts were absolute prerequisites to a finding of no right to habeas. |
 | | The question you are discussing -- and that is implicated by Rasul footnote 15, Judge Green's decision, and the pending Rasul/Al Odah case -- is whether the Due Process Clause in any way affects the decision to detain, and the terms of detention of, aliens abroad (or at GTMO, at least). |
| www.scotusblog.com /movabletype/archives/2005/11/hamdan_rasul_et.html (1998 words) |
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