Skip to main content
June 12, 2008court rulingnational securityconstitutional lawcivil libertiesdetention policycivil libertiesconstitutional lawnational security

Boumediene v. Bush: Detainees Have Constitutional Right to Habeas Corpus

The Supreme Court ruled 5-4 that foreign nationals held at Guantanamo Bay have a constitutional right to challenge their detention through habeas corpus in federal court, rejecting the Bush administration's argument that the Constitution does not apply to the naval base in Cuba. Justice Kennedy's majority held that the Suspension Clause of Article I applies wherever the United States exercises de facto sovereignty. The ruling struck down the Military Commissions Act of 2006's habeas-stripping provision and established that the executive cannot hold people indefinitely without judicial review, a principle that extends to contemporary debates over immigration detention.