Boumediene v. Bush: Supreme Court Ruling on June 12, 2008

On June 12, 2008, the United States Supreme Court delivered a landmark decision in the case of Boumediene v. Bush, ruling that detainees at Guantanamo Bay have the constitutional right to challenge their detention in U.S. federal courts. This decision was pivotal in affirming the application of habeas corpus rights to non-citizens held by the United States in territories under its control.

Background

The case arose in the context of the U.S. government’s detention of foreign nationals at the Guantanamo Bay Naval Base in Cuba, following the September 11, 2001, terrorist attacks. These detainees were classified as “enemy combatants” and held without formal charges or trials. The Bush administration argued that because Guantanamo Bay is outside U.S. sovereign territory, detainees did not have the right to challenge their detention in U.S. courts.

Key Events Leading to the Decision

1. Rasul v. Bush (2004): The Supreme Court ruled that U.S. courts have jurisdiction to consider habeas corpus petitions filed by foreign nationals held at Guantanamo Bay.

2. Detainee Treatment Act (2005): In response, Congress passed legislation limiting the ability of detainees to file habeas corpus petitions.

3. Military Commissions Act (2006): Further restricted detainees’ access to federal courts by eliminating habeas corpus rights for enemy combatants.

4. Boumediene v. Bush: Lakhdar Boumediene, a Bosnian-Algerian detained at Guantanamo, challenged the constitutionality of the Military Commissions Act, arguing it violated the Suspension Clause of the U.S. Constitution.

Supreme Court Decision

In a 5-4 decision, the Supreme Court ruled in favor of Boumediene, with Justice Anthony Kennedy writing the majority opinion. The Court held that:

• The Suspension Clause of the Constitution applies to Guantanamo detainees, granting them the right to habeas corpus.
• The procedures established by the Detainee Treatment Act were not an adequate substitute for habeas corpus.
• The U.S. maintains de facto sovereignty over Guantanamo Bay, thus extending constitutional protections to detainees.

Aftermath and Significance

The decision was a significant check on executive power, emphasizing the judiciary’s role in safeguarding individual rights against unlawful detention. It reinforced the principle that constitutional rights extend beyond U.S. borders in areas under American control. The ruling prompted the government to reassess its legal framework for detaining and trying suspected terrorists, impacting subsequent policies and legal proceedings related to Guantanamo detainees.

The Boumediene v. Bush decision remains a critical moment in the ongoing debate over national security, human rights, and the balance of powers within the U.S. government.