Habeas Right Rings Hollow

Munaf v. Geren - Decision 06/12/08

At least we know that the High Court has a sense of irony.  The very same day habeas supporters celebrated the Supreme Court's recognition of Guantanamo detainees' constitutional right to habeas corpus in Boumediene, the Court unanimously held that American citizens held abroad under U.S. authority may not use habeas to stop their transfer to another country.  Authored by Chief Justice John Roberts (a dissenter in Boumediene), Munaf v. Geren states that Americans citizens detained abroad by multinational forces under the U.S. chain of command are entitled to petition federal courts for habeas corpus.  Unfortunately for petitioners Munaf and Omar, that technical right fails to provide them any relief.  Through a twisted tale of politics and sovereignty, the Court managed to skirt the spirit of the habeas right, while still paying it lofty lip-service.

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