San Diego Journal of International Law, Vol. 5, p. 7, 2004
66 Pages Posted: 12 Jun 2010 Last revised: 5 Feb 2013
Date Written: June 11, 2004
Three cases pending before the Supreme Court present a unique opportunity to clarify the respective roles of the military and the judiciary in time of crisis. All three cases involve military detentions and the administration’s claim of unreviewable discretion to imprison persons accused either of taking up arms against the United States or of plotting terrorist actions. The Bush administration’s challenge to judicial review lies at the heart of its so-called “war” on terrorism because it reflects the idea that civilian courts cannot second-guess the decisions of military commanders. It is important to the rule of law that courts not cede unreviewable authority to the military on our own soil.
Keywords: terrorism, detentions, judicial review
JEL Classification: K14, K33
Suggested Citation: Suggested Citation
McCormack, Wayne, Military Detentions and the Judiciary: Al Qaeda, the KKK, and Supra-State Law (June 11, 2004). San Diego Journal of International Law, Vol. 5, p. 7, 2004. Available at SSRN: https://ssrn.com/abstract=1623900