After years of litigation arising from the nation’s detention of prisoners in the global war on terror, the Supreme Court’s decisions confound as much as they clarify — and none more than Boumediene v. Bush, the 2008 decision in which the Court declared that Guantanamo Bay prisoners could challenge their detention in federal court, under legal standards which the federal courts would create after the fact.
While Boumediene specifically covered only detainees at Guantanamo, the obvious question raised by that case was, “would detainees held elsewhere — especially in Afghanistan — also be able to sue the federal government for release?”
Recommended Stories
Print subscriber? Click here to login/register your account
Digital subscriber? Click here to login/register your account.