Focus (Forum & Focus)
Dec. 31, 2007
Downsizing the Great Writ
Forum Column - By Brian E. Gray - An offhand remark by Justice Antonin Scalia in the Supreme Court's recent hearing of a case involving the Guantanamo Bay detention center may undermine the constitutional standing of the writ of habeas corpus in American law.
By Brian E. Gray
During oral argument in the latest case challenging the detention of prisoners at Guantánamo Bay, Justice Antonin Scalia made an extraordinary assertion. While questioning former Solicitor General Seth Waxman, the attorney for 37 of the detainees, about the history of the writ of habeas corpus, Scalia said, "You are appealing to a common-law right that somehow found its way into our ...
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