Monday, October 20, 2014

Dark Sites and the Bill of Rights

The Hernandez family appealed, and, this June, the U.S. Court of Appeals for the 5th Circuit handed down its decision in Hernandez v. United States. Building upon the Supreme Court's reasoning in Boumediene v. Bush, which held that foreign nationals detained at the Guantánamo Bay naval base are entitled, under the U.S. Constitution, to challenge the legality of their detention in U.S. courts, the 5th Circuit considered how far the Constitution might extend in this particular scenario. But this was no Boumediene.



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