Julian Sanchez on Boumediene vs Bush. Money quote:
Traditionally, courts have used territory as a bright line to determine the status of prisoners: If you were picked up on American soil, you had habeas rights; if not, not. This made a certain amount of sense in traditional war; it makes much less in an ill-defined "War on Terror" that, to hear the administration tell it, makes the whole of the planet a battlefield. Here, hewing to a strict territorial rule has the perverse consequence that the Algerian Six would enjoy more rights, on the government's theory, if they had illegally infiltrated the United States like the Nazi saboteurs whose fate was considered in Ex parte Quirin (1941). The government's circular logic here seems better suited to a Monty Python sketch than a court of law: Throw the old lady in the pond, and if she floats, she's a witch! She might drown, you say? Why are you so worried about what happens to witches?
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