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Examples
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I think that is right – under Boumedienne, all persons held at Gitmo designated as enemy combatants have habeas rights; presumably that would have been the case with Abdulmutallab too.
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The Boumedienne decision upholding the writ of habeas corpus for those on Guantanamo was only 5 to 4 -- a near-death experience for the Constitution.
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The evidence that Boumedienne actually every supported let alone engaged in war against the US is somewhere between questionable andscant.
The Volokh Conspiracy » Why Obama Should Seek Legislative Support for Anti-Terror Policies: 2009
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And people complained about Scalia pointing out precisely this in Boumedienne!
Said Ali al-Shihri, freed from Guantánamo, sent to Saudi Arabia, is now the deputy leader of Al Qaeda’s Yemeni branch. Ann Althouse 2009
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Thus it was right to hear habeas petitions on the part of Boumedienne on the above grounds, and it was right to hear petitions on the part of Hamdi on citizenship grounds.
The Volokh Conspiracy » Why Obama Should Seek Legislative Support for Anti-Terror Policies: 2009
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Obama applauded the 5-4 Boumedienne v. Bush decision that found Roberts, Scalia, Alito and Thomas in dissent.
Martin Garbus: Hey, There, Pay Attention -- The Supreme Court May Be Up For Grabs 2008
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Chief Justice Roberts, when testifying at his nomination hearing, likened himself to an umpire in a ball game, who non-partisanly calls balls and strikes, dissenting in Boumedienne preposterously said the courts would now be "flooded" with lawsuits.
Martin Garbus: Hey, There, Pay Attention -- The Supreme Court May Be Up For Grabs 2008
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For a sample, here's a recent post on Boumedienne v.
Welcome to the Blogosphere: Bernadette Meyler's Findandreplace! Mary L. Dudziak 2008
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The Guantanamo camp and the Boumedienne decision are an excellent case in point regarding my own "splitting" on the issue of national security.
Justin Frank: Politics on the Couch: Splitting and Reparation -- Part One 2008
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First off, Barack Obama keeps mentioning Nuremberg in relation to the Boumedienne decision and maybe you can help clarify this.
Gabriel Beltrone: McCain/Obama Press Conference Call Information 2008
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