Opinion Articles
Why It Wasn’t a Great Victory After All
Author:
Wietse Buijs
Erasmus School of Law (ESL) in Rotterdam, NL
About Wietse
Wietse Buijs is lecturer in the section of Jurisprudence. He acquired his master’s degree in law at the Erasmus School of law. He wrote his thesis about the suspension of habeas corpus during wartime in the United States of America. Currently, besides his day job, he is an external PhD-student with the section of Jurisprudence of the ESL on the subject of torture and terrorism in the wake of 9-11-2001.
Abstract
On the last day of 2011, President Obama signed a law affirming his power to detain suspected terrorists indefinitely. It is a next strike in an on-going turf war between the Obama Administration and the Supreme Court. A turf war that should have been over in 2008 when a landmark case Boumediene v. Bush granted the right to challenge their confinement to the detainees. Except the war wasn't over at all. The Federal Court appointed as the Appellate Court in detainee cases is not keen on implementing the Boumediene precedent at all. An answer from the Supreme Court is expected, but is not given. Why not?
Published on
01 Dec 2012.
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