'De Facto Sovereignty': Boumediene and Beyond
Anthony J. Colangelo
Southern Methodist University - Dedman School of Law
September 29, 2008
George Washington Law Review, Vol. 77, 2009
SMU Dedman School of Law Legal Studies Research Paper No. 00-29
In Boumediene v. Bush, which grants non-citizens detained at Guantanamo Bay, Cuba, constitutional habeas corpus privileges the Supreme Court took notice that the United States maintains "de facto sovereignty" over that territory. As its sole precedential support, the Court cited a case that never mentions the term de facto sovereignty. What is this concept? How important is it to the Court's holding? Did the Court get the concept right given its longstanding usage and meaning in Supreme Court precedent? And what can de facto sovereignty tell us about when the Court will find habeas to extend to other situations involving extraterritorial detention of non-citizens in the war on terror?
Number of Pages in PDF File: 54Accepted Paper Series
Date posted: September 29, 2008 ; Last revised: June 2, 2009
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