Summary

Boumediene v. Bush — I

I. Where a court has no jurisdiction it is powerless to act. See, e.g., Marbury v. Madison, 5 U.S. (1 Cranch) 137, 173-74 (1803) . But a statute enacted by Congress purporting to deprive a court of jurisdiction binds that court only when Congress acts pursuant to the powers it derives from the Constitution. The court today concludes that the Suspension Clause is an individual right that cannot be invoked by the detainees. See Op. at 22. The text of the Suspension Clause and the structure of the Constitution belie this conclusion.
Source: Wikisource

Boumediene v. Bush — I

Everyone who has followed the interaction between Congress and the Supreme Court knows full well that one of the primary purposes of the MCA was to overrule Hamdan. [2] Everyone, that is, except the detainees. Their cases, they argue, are not covered. The arguments are creative but not cogent. To accept them would be to defy the will of Congress. Section 7 (b) could not be clearer.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature