Changes

Congress responded, again, to reverse what the Court had done, again.  Congress passed the Military Commissions Act (MCA) of 2006, which added that it “shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.”

Congress responded, again, to reverse what the Court had done, again.  Congress passed the Military Commissions Act (MCA) of 2006, which added that it “shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.”

The detainees sought to invalidate this as somehow not applying to them, and argued that it is beyond the power of Congress to limit this jurisdiction light of the Suspension Clause of the U.S. Constitution.  The Suspension Clause is set forth at U.S. Const. Art. I, § 9, cl. 2, and states that “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

The detainees sought to invalidate this as somehow not applying to them, and argued that it is beyond the power of Congress to limit this jurisdiction in light of the Suspension Clause of the U.S. Constitution.  The Suspension Clause is set forth at U.S. Const. Art. I, § 9, cl. 2, and states that “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

The D.C. Circuit, led by Judge Randolph and joined by Judge Sentelle, found no application of the Sovereign Clause to aliens held outside of the United States.  Boumediene v. Bush, 476 F.3d 981 (D.C. Cir. Feb. 20, 2007).  The Court held that the Sovereign Clause was not an obstacle to the traditional power of Congress to limit court jurisdiction, and they dismissed the lawsuit.  Clinton-appointed Judge Rogers dissented at length, which the panel majority rejected as being “filled with holes.”

The D.C. Circuit, led by Judge Randolph and joined by Judge Sentelle, found no application of the Sovereign Clause to aliens held outside of the United States.  Boumediene v. Bush, 476 F.3d 981 (D.C. Cir. Feb. 20, 2007).  The Court held that the Sovereign Clause was not an obstacle to the traditional power of Congress to limit court jurisdiction, and they dismissed the lawsuit.  Clinton-appointed Judge Rogers dissented at length, which the panel majority rejected as being “filled with holes.”