Title

The Unitary Executive, Jurisdiction Stripping, and the Hamdan Opinions: A Textualist Response to Justice Scalia

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

2007

ISSN

0010-1958

Publisher

Columbia University Press

Language

en-US

Abstract

In Hamdan v. Rumsfeld, a five to three majority of the United States Supreme Court held unlawful the Bush Administration's use of military commissions to try alien combatant detainees held at the United States airbase in Guantanamo Bay, Cuba. The most basic issue in Hamdan was whether the Supreme Court had jurisdiction to hear the case. Justice Scalia's dissenting opinion argued that the Detainee Treatment Act of 2005 stripped the Supreme Court and all other courts of jurisdiction to hear habeas cases such as Hamdan's.

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