Skip to main content

Court: Detainees May Challenge Detention


In Boumediene v. Bush, the U.S. Supreme Court, in a 5-4 vote, decides that prisoners at Guantanamo Bay have the constitutional right to challenge their detention as enemy combatants in federal court. The Court rejects a provision of the Military Commissions Act of 2006 that strips federal courts of jurisdiction to hear habeas corpus petitions from the detainees.