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Rasul v. Bush: Unanswered Questions

Randolph N. Jonakait

New York Law School

William & Mary Bill of Rights Journal, Vol. 13

This article discusses some of the many questions left open by Rasul v. Bush, where the Supreme Court held that U.S. courts have jurisdiction to decide habeas corpus petitions from aliens detained at the naval base at Guantanamo Bay, Cuba. The article concludes that Rasul allows aliens detained anywhere by the United States as enemy combatants to seek habeas corpus relief in U.S. courts. Rasul, however, leaves unanswered what substantive grounds aliens detained outside the United States can raise to challenge their detentions. If Guantanamo Bay is treated as the equivalent of U.S. territory, aliens detained there should be able to claim violations of due process rights. Those held elsewhere should be able to claim that their detentions are illegal because they have not been authorized by Congress, and are not within the inherent powers of the President, and that they violate international law.

Number of Pages in PDF File: 39

Keywords: habeas corpus, terrorism, international law, separation of powers

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Date posted: June 20, 2005  

Suggested Citation

Jonakait, Randolph N., Rasul v. Bush: Unanswered Questions. William & Mary Bill of Rights Journal, Vol. 13. Available at SSRN: https://ssrn.com/abstract=746764

Contact Information

Randolph N. Jonakait (Contact Author)
New York Law School ( email )
57 Worth Street
New York, NY 10011-2960
United States
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