Summary
In companion cases before the United States Supreme Court, CJLF filed an amicus curiae brief to demonstrate that the writ of habeas corpus was never meant to extend to prisoners of war designated as enemy combatants. CJLF filed its brief in response to the claims of two groups of enemy combatants, as well as 23 groups representing the interests of the combatants. The combatants, and their amicus, challenged their detention at a United States naval base in Guantanamo Bay, Cuba. The groups claim the United States Constitution requires the government to allow them to file habeas corpus petitions in federal court. The groups also claim Congress does not have the authority to prohibit federal courts from hearing habeas claims, and that Combatant Status Review Tribunals (CSRTs), created by an Act of Congress in 2006 to determine the status of the detainees, unconstitutionally denied the petitioners due process rights. CJLF's brief examined the history of habeas corpus going back to the English common law to show that a writ of habeas was never meant to extend to military prisoners with no prior connection to the United States. A narrow majority of the Supreme Court disagreed and extended the protection of the United States Constitution to enemies it was never intended to protect. [CJLF brief in PDF.]
