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Boumediene v. Bush


Boumediene V. Bush: The Background

The case of Boumediene v. Bush dealt with something called habeas corpus. The case revolves around a man named Lakhdar Boumediene who was a naturalized citizen of Bosnia. Mr. Boumediene was placed in military prison by the United States Government at Guantanamo Bay in Cuba. 

Habeas corpus is a legal action which states that a prisoner in jail can be released if there is little evidence that says he should have been put in jail in the first place. Habeas corpus can be sought by the prisoner him/herself or by another body who comes to the prisoner’s aid. So, if a prisoner enacts habeas corpus, he or she will be taken out of jail and placed in a court. The courts will then review and determine whether the government or organization that put him in hail has the authority to do so. If the custodian does not have the power to detain the prisoner, then the prisoner will be released. 

Guantanamo Bay is a scary military prison and is not formally a part of the United States of America. It is, however, rented by the United States from Cuba. The country of Cuba maintains control over the territory, while the United States simply exercises jurisdictional power over the prison. 

The Trial: Boumediene V. Bush

On June 12th of 2008, Supreme Court Associate Justice Kennedy ruled for the 5-4 majority, stating that the prisoners of Guantanamo Bay had a right to habeas corpus according to the United States Constitution. The Supreme Court decided that the United States maintained its jurisdiction and control over the camp, while Cuba retained ultimate sovereignty over it. This ruling basically says that the prisoners of the base are enemy combatants and are thus entitled to habeas corpus. Habeas corpus is protected in Article I, Section 9 of the United States Constitution. The ruling in Boumediene v. Bush reversed the lower court’s decision which said that constitutional rights should not be extended to prisoners of Guantanamo Bay. 

The Verdict: Boumediene V. Bush 

The verdict of Boumediene v. Bush stated that all prisoners of Guantanamo Bay, even those who were suspected of terrorism are allowed to question the reasoning behind their imprisonment. This ruling was administered because the Supreme Court stated the prison to within the United States Court System. 

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