This case deals with the writ of habeas corpus and the war on terror. Alien detainees of Guantanamo sought a writ of haveas corpus in the District Court, which dismissed the case for lack of jurisdiction because Guantanamo is outside the U.S. While the case was pending Congress passed the Military Commisions Act of 2006, an act that suspended the right of Guantanamo detainees to petition for writ of habeas corpus. After a lengthy discussion of the right of habeas corpus, a majority held that the detainees did have the right to petition for writ of habeas corpus and that the MCA of 2006 was an unconstitutional suspension of that right.
1. Why do you think the Court went to such lengths to explain the history of the writ of habeas corpus?
2. After reading this case and the summary of the Petitioner's argument in Application 15-3 what facts were most important to the Court?