ENGL 1001 Chapter : English 2000 Journal 1
Document Summary
In the case boumediene v. bush, the majority opinion is delivered by justice kennedy. He states that the majority argument is firmly based on the fact that the writ of habeas corpus is sacred and is not something that can be taken away from an individual without great cause. Although the government claims that we do not have sovereignty over the area which. Guantanamo occupies, we have occupied the guantanamo area for around 100 years. Eisentrager court case which is the premise for this case, the u. s. held a military court for nazis working in the concentration camps. the nazis tried to petition american courtst for the writ of. The supreme court finds that while over there the military did not claim sovereignty, and was not dealing with anyone on american soil, the military had no control. In the boumediene v. bush case, the court decides that the enemy combatants do have the right to the writ of habeas corpus.