Friday, March 29, 2019

White on the Suspension Clause and Tyler's "Habeas Corpus in wartime"

G. Edward White, University of Virginia School of Law, has posted Looking Backward and Forward at the Suspension Clause, a review essay forthcoming in the Michigan Law Review on Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay by Amanda L. Tyler:
This essay considers whether the Suspension Clause of the Constitution, which states that the “privilege of the writ of habeas corpus” may not be suspended except in cases of “invasion of rebellion,” has since its enactment had an implicit “time of war” exception, even though suspensions would literally seem limited to instances in which the United States was actually “invaded” by an enemy or when internal “rebellion” had broken out.