“ Rather than simplifying the procedures for judicial review of military commissions, the MCA would actually introduce several new complex legal issues that the Supreme Court avoided deciding in Hamdan v. Rumsfeld. See 126 S. Ct. 2749, 2764, 2769 n.15 (2006) . The MCA is inconsistent with prior interpretations of the Constitution, including the Suspension Clause, the Exceptions Clause, the Equal Protection Clause, and the prohibition on Bills of Attainder. To strip jurisdiction at the same time as an entirely newfangled military commission is created is an extremely dangerous and unwise act. ”

“ Indeed, “no case has ever countenanced an effort to strip both [the Supreme Court] and the lower federal courts of original and appellate jurisdiction to pass on the constitutionality of Executive action in derogation of personal liberty. To do so would place the very structure of the Constitution at risk by attacking an ‘essential function’ of the Supreme Court and the Article III judiciary. See Henry M. Hart, The Power of Congress to Limit the Jurisdiction of the Federal Courts: An Exercise in Dialectic, 66 HARV. L. REV. 1362, 1364-65 (1953) .” Amicus Br. of Norman Dorsen et al., Hamdan v. ”

“ It is a profound and dangerous threat to both judicial independence and core rule-of-law values.
Sec. 11. EXPEDITED REVIEW. CONFORMING AMENDMENTS Section 6 of the proposed Act should be modified. This provision would remove jurisdiction from all U.S. courts to hear habeas petitions (or any other actions, except as provided by the DTA) of aliens detained outside the United States who are currently in U.S. custody or who have been properly detained as an enemy combatants. ”