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Honors Boumediene v. Bush The United States is a free country that was forged out of the tyrannical English Monarchy. Thomas Jefferson wrote that “All men are created equal, that they are endowed by their Creator with certain unalienable rights” (Declaration of Independence).
The only support the Court cites for it is a page in Boumediene’s brief, which in turn cites this Court’s dicta in Rasul, 542 U. S., at 482, mischaracterizing Lord Mansfield’s statement that the writ ran to any place that was “under the subjection of the Crown,” Cowle, supra, at 856, 97 Eng. Rep., at 599.
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Boumediene v. Bush, case in which the U.S. Supreme Court on June 12, 2008, held that the Military Commissions Act (MCA) of 2006, which barred foreign nationals held by the United States as “enemy combatants” from challenging their detentions in U.S. federal courts, was an unconstitutional.
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Historically, Congress has taken care to avoid suspensions of the writ. For example, the statutes at issue in the Court’s two lead- ing cases addressing habeas substitutes, Swain v. Pressley, 430 U. S. 372, and United States v. Hayman, 342 U. S. 205, were attempts to streamline habeas relief, not to cut it back.
Boumediene filed a petition for a writ of habeas corpus, alleging violations of the Constitution's Due Process Clause, various statutes and treaties, the common law, and international law. The District Court judge granted the government's motion to have all of the claims dismissed on the ground that Boumediene, as an alien detained at an overseas military base, had no right to a habeas petition.
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This Essay takes up the Court’s less-heralded second holding in Boumediene v. Bush—that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners.
Houari Boumedienne, army officer who became president of Algeria in July 1965 following a coup d’etat. Boukharouba’s service to Algeria began in the 1950s, during his country’s struggle for independence from France, when, after studying at al-Azhar University in Cairo, he joined the rebel forces.
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