The basic problem with the detainees' argument in the Rasul and Al Odah cases is that they leads to perverse consequences. To see why, suppose the Court rules that Guantanamo is U.S. territory, so that the writ of habeas corpus is available there. Even given such a ruling, government could still easily hold enemy combatants in custody without access to judicial review.
Rate It!
The NCPA is a 501(c)(3) nonprofit public policy organization. We depend entirely on the financial support of individuals, corporations and foundations that believe in private sector solutions to public policy problems.
12770 Coit Rd., Suite 800 - Dallas, TX 75251-1339
Phone: (972) 386-6272 | Fax: (972) 386-0924
601 Pennsylvania Avenue NW, Suite 900 South Building, Washington, DC 20004
Phone: (202) 220-3082 | Fax (202) 220-3096
Copyright � 2005 National Center for Policy Analysis All rights reserved - Privacy Policy