Habeas Works: Federal Courts' Proven Capacity to Handle Guantánamo Cases - Paperback

by The Constitution Project (Author), Human Rights First (Author)

This report co-released by the Constitution Project and Human Rights First, and endorsed by sixteen former federal judges concludes that Congress does not need to pass new legislation to guide federal courts in their review of habeas cases in which individuals at the Guantánamo Bay detention facility challenge the lawfulness of their detention. The former federal judges conclude that attacks on the judiciary's ability to review such cases are unfounded, as are calls for Congressional intervention. It was the U.S. Supreme Court ruling in Boumediene v. Bush which laid the ground for District Court judges to review habeas cases of the Guantánamo detainees and develop the constitutional framework for reviewing cases. It examines how the courts have moved deliberately and thoughtfully in developing an effective jurisprudence in these cases that addresses the government's interest in national security, while protecting the right of prisoners to fairly challenge their detention.

Author Biography

Human Rights First builds respect for human rights and the rule of law to help ensure the dignity to which everyone is entitled and to stem intolerance, tyranny, and violence. Human Rights First protects people at risk: refugees who flee persecution, victims of crimes against humanity or other mass human rights violations, victims of discrimination, those whose rights are eroded in the name of national security, and human rights advocates who are targeted for defending the rights of others. These groups are often the first victims of societal instability and breakdown; their treatment is a harbinger of wider-scale repression. Human Rights First works to prevent violations against these groups and to seek justice and accountability for violations against them. Human Rights First is practical and effective. We advocate for change at the highest levels of national and international policymaking. We seek justice through the courts. We raise awareness and understanding through the media. We build coalitions among those with divergent views. And we mobilize people to act. Human Rights First is a non-profit, nonpartisan international human rights organization based in New York and Washington D.C. To maintain our independence, we accept no government funding. For more information please visit www.humanrightsfirst.org.