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View Diary: ALERT: GOP Bill to Suspend Laws IS MOVING! (211 comments)

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  •  Wow (none)
    It sounds like you have a lot of experience in the matter.  The bill is very scary on its face, definitely.

    Here is a summary of the case I was referring to in the comment above: http://supct.law.cornell.edu/supct/html/00-767.ZS.html

    In that case, the same Illegal Immigration Reform and Immigrant Responsibility Act of 1996 which is at issue here was under review.  At issue in the case was whether the Act precluding review of detentions.  The Supreme Court held that no, there was no way any act by Congress, not even this one which explicity precluded judicial review, could suspend federal habeas corpus.  It is notworthy to point out that the language at issue in that case was almost exactly the same as the language at issue with HR 418 ("notwithstanding any other provision of law, no court shall have jurisdiction...")

    Thus, according to that case (and it is a 2001 case, so it's quite recent) any detention pursuant to the discretion of the executive official must still be reviewable because of the Suspension Clause of the Constitution.

    It's a very interesting case, and provides some helpful context for this bill.

    If the people lead, the leaders will follow.

    by Georgia Logothetis on Wed Feb 09, 2005 at 02:13:08 PM PST

    [ Parent ]

    •  Thanks, I will look at that (none)
      and given that it is from my school, I am doubly impressed (Cornell)

      "Optimism is not for sissies." (an elderly man at the Progressive Dem Conference)

      by Percheronwoman on Wed Feb 09, 2005 at 11:01:54 PM PST

      [ Parent ]

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