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Executive and Judicial Overreaction in the Guantanamo Cases


The U.S. Supreme Court in Rasul v. Bush1 and Al-Odah v. United States held that detainees at Guantanamo Bay may challenge their detentions via writs of habeas corpus. Justice Stevens’ majority opinion held that ‘‘the federal courts have jurisdiction to determine the legality of the Executive’s potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing.’’

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The team

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