Battle Over Habeas Corpus Returns

By William Fisher, t r u t h o u t

What could turn out to be an epic battle is brewing in the US Senate. But unlike most of this chamber’s epic battles, this one pits Republican against Republican.

The battle is over the Habeas Corpus Restoration Act of 2007. The proposed legislation would repeal provisions of the Military Commissions Act of 2006 that stripped US civilian courts from jurisdiction to hear or consider applications for a writ of habeas corpus filed by aliens detained as enemy combatants.

And the protagonists are arguably two of the Senate’s sharpest legal minds: Senator Arlen Specter of Pennsylvania and Senator Lindsey Graham of South Carolina.

The principal issue in this latest chapter of the detainee drama is whether Congress will, on its own, vote to reconsider a key provision of legislation it passed last year at the suggestion of the Supreme Court – or whether the case will get to the court before lawmakers have a chance to vote.

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