A Dissentious “Debate”: Shaping Habeas Procedures Post-Boumediene

Colin C. Pogge
Vol. 88, Issue 5
Note appears in Issue 5
88 Texas L. Rev. 1073 (2010)

In this Note, Pogge examines how habeas procedures have begun to develop in the aftermath of Boumediene v. Bush, in which the Supreme Court held that Guantanamo detainees possess a constitutional privilege of habeas corpus. He suggests that the D.C. District Court’s post-Boumediene mandate to design procedures for the Guantanamo habeas proceedings, as well as its adjudicatory role in the disposition of these proceedings, substantially impact the inter-branch national security dialogue. After discussing the issues with which the D.C. District Court has grappled, Pogge argues that congressional involvement, particularly in the form of statutory habeas procedures, would ensure a more inter-branch, systemically balanced construction of U.S. detention policy.

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