Here’s an excellent summary by law professor John Yoo of how the Supreme Court ruling in Boumediene v. Bush is a case of egregious judicial overreach:
First out the window went precedent. Under the writ of habeas corpus, Americans (and aliens on our territory) can challenge the legality of their detentions before a federal judge. Until Boumediene, the Supreme Court had never allowed an alien who was captured fighting against the U.S. to use our courts to challenge his detention…
The Boumediene five also ignored the Constitution’s structure, which grants all war decisions to the president and Congress. Continue reading →


