Rep. Nadler Lauds Supreme Court’s Affirmation of Habeas Corpus Rights

WASHINGTON, D.C. –Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties welcomed the Supreme Court’s decision that affirmed that so-called “enemy combatants” being held by the United States government at Guantanamo Bay have the right to challenge their detention in civilian courts.

“Today’s ruling is a resounding affirmation for the rule of law and a rejection of the President’s sweeping claims of power,” said Rep. Nadler.  “We all agree that terrorists must be brought to justice – but we must not abandon the very system of justice we are protecting in the process.  This decision reaffirms that, even in a time of conflict, the President does not have the authority to act as a tyrant.  Time and time again, the courts have rightly rejected President Bush’s campaign to undermine the Constitution.”

The 5-4 decision was issued in the consolidated cases of Boumediene v. Bush and al Odah v. United States.  Rep. Nadler attended the Boumediene oral arguments last year. 

In its ruling, the Court rejected the tribunal system established by the Military Commissions Act and the Detainee Treatment Act, and found that, “the laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

Last year, Rep. Nadler, along with Rep. Jane Harman (D-CA), Chair of the Homeland Security Subcommittee on Intelligence, introduced two bills that would address the most dangerous provisions of the Military Commissions Act struck down by today’s ruling.  The Habeas Corpus Restoration Act would undo current provisions that stripped federal courts of jurisdiction to consider applications for writs of habeas corpus filed by detainees designated by the President as “unlawful enemy combatants.”  This bill would also restore U.S. compliance with it obligations under the Geneva Conventions. The Restoring the Constitution Act would go further to ensure that people accused of being a terrorist are afforded a fair process to establish their guilt or innocence.  It also clarifies the definition of “unlawful enemy combatant” to those who directly participate in hostilities against the U.S. or who aided in the September 11th attacks.