Supreme Court judgement for Boumediene v. Bush relating to detention at Guantánamo Bay


Magna Carta is still invoked in law courts around the world, often as a rhetorical flourish, but sometimes to greater effect. The enduring American relevance of Magna Carta is demonstrated in this judgment by the Supreme Court of the United States concerning the detention without charge of Lakhdar Boumediene at Guantánamo Bay, Cuba. Reviewing the case in 2008, the Supreme Court justices made explicit mention of Magna Carta when tracing the history of habeas corpus, to rule that Guantánamo Bay detainees had an absolute right to petition for that writ despite Congress legislating to the contrary. In the majority opinion of the Supreme Court justices, the writ of habeas corpus was ‘the means by which the promise of Magna Carta was fulfilled’ and should be upheld. Following this judgment, Boumediene was released in May 2009 after seven years in detention.

Full title:
Supreme Court judgement for Lakhdar Boumediene et al. v George W. Bush, President of the United States et al., relating to detention at Guantánamo Bay (2007–08)
2007 - 08
Usage terms
Public Domain
Held by
British Library
United States Supreme Court Reports, October Term, 2007 (BL Department of History & Classics)

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