The Supreme Court's 'Enemy Combatant' Decisions: Recognizing the Rights of Non-Citizens and the Rule of Law

Abstract:     
This Article examines the Supreme Court's trio of enemy combatant decisions issued in 2004. It explains why the decisions together should be interpreted as rejecting the use of bright-line rules to distinguish between citizens and non-citizens detained as enemy combatants. The Article addresses the Supreme Court's approach to the scope of executive detention authority, procedural safeguards, and access to the courts through habeas corpus. It explains how the decisions support extending fundamental protections to non-citizens held outside the United States in order to prevent the creation of rights-free zones like Guantanamo Bay.

Number of Pages in PDF File: 24

Keywords: enemy combatant, Guantanamo, Padilla, Hamdi, Rasul, Habeas, due process

JEL Classification: K10, K14, K19, K29, K30, K33, K40, K41, K49

Accepted Paper Series