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Habeas Corpus

Just when I was resigned to wait it out, here comes, of all the Federal Appellate Courts, the notoriously conservative 4th Circuit in Richmond, VA and breathes some live back into Habeas Corpus. Granted, it was a 2–1 decision and the Federal Government will appeal to the full court, but there finally is hope!

News coverage was surprisingly thin, given how important an issue this is – and not only to legal aliens. Judge Diana Gribbon Motz wrote the majority opinion, and it is well worth reading. Two important points she made:

For in the United States, the military cannot seize and imprison civilians – let alone imprison them indefinitely.

But in this nation, military control cannot subsume the constitutional rights of civilians.

And just in case you’ve forgotten that Habeas is so important that it is actually written into the Constitution, see Jonathan Hafetz’s Ten Things You Should Know About Habeas Corpus.


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