Posted by Orin Kerr:
Senate Hearing on Habeas Corpus:
http://volokh.com/archives/archive_2007_05_20-2007_05_26.shtml#1179808500
Tuesday morning at 10am the Senate Judiciary Committee is holding a
hearing, [1]"Restoring Habeas Corpus: Protecting American Values and
the Great Writ." I am one of five witnesses, and I have posted a copy
of my written testimony [2]here. From the introduction:
I will make two points. First, it appears likely that the Supreme
Court would hold that the writ of habeas corpus must be available
to the detainees as a matter of constitutional law. Second, if this
is true, then the Constitution requires a judicial forum that
provides the detainees with an effective opportunity to test the
legality of their detention. It is uncertain but unlikely that the
judicial review presently available to the detainees is adequate to
satisfy this standard. Taking these two points together, there is a
significant possibility that the absence of habeas corpus
jurisdiction over the detainee claims at Guantanamo Bay violates
the Suspension Clause of the Constitution.
Oh, and as far as I know, the hearing won't be on [3]C-Span.
References
1. http://judiciary.senate.gov/hearing.cfm?id=2785
2. http://volokh.com/files/KerrTestimony.1.pdf
3. http://c-span.org/
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