opinion in Rasul v. Bush

E140274

The opinion in Rasul v. Bush is a landmark U.S. Supreme Court decision authored by Justice John Paul Stevens that held federal courts have jurisdiction to hear habeas corpus petitions from foreign nationals detained at Guantánamo Bay.

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Statements (49)

Predicate Object
instanceOf United States Supreme Court majority opinion
judicial opinion
author John Paul Stevens
characterization landmark decision on habeas corpus and detainee rights
citation 542 U.S. 466
concurrenceBy Anthony M. Kennedy
constitutionalContext Suspension Clause of the U.S. Constitution
country United States
court Supreme Court of the United States
dateDecided June 28, 2004
dissentingJustices Antonin Scalia
Clarence Thomas
William H. Rehnquist
docketNumber 03-334
effect opened federal courts to habeas petitions from Guantánamo detainees
prompted the U.S. government to create Combatant Status Review Tribunals
joinedBy Anthony M. Kennedy
David H. Souter
Ruth Bader Ginsburg
Sandra Day O’Connor
Stephen G. Breyer
jurisdiction federal courts of the United States
language English
legalHolding federal courts have jurisdiction to hear habeas corpus petitions filed by foreign nationals detained at Guantánamo Bay
statutory habeas jurisdiction under 28 U.S.C. § 2241 extends to non‑citizens held at Guantánamo Bay
the degree of control the United States exercises over Guantánamo Bay is sufficient to trigger federal habeas jurisdiction
the habeas statute does not require that petitioners be U.S. citizens or held within sovereign territory of the United States
the precedent in Johnson v. Eisentrager does not bar habeas jurisdiction over Guantánamo detainees
locationOfDetention Guantánamo Bay Naval Base, Cuba
overrulesOrLimits Johnson v. Eisentrager (to the extent it was read to bar habeas for non‑citizens held outside U.S. sovereign territory)
partOf Rasul v. Bush
petitioner Asif Iqbal
David Hicks
Mamdouh Habib
Shafiq Rasul
relatedTo Boumediene v. Bush
Hamdan v. Rumsfeld
Hamdi v. Rumsfeld
war on terror detainee litigation
respondent Donald H. Rumsfeld, Secretary of Defense
linked to: Donald Rumsfeld

George W. Bush, President of the United States
linked to: George W. Bush

U.S. military officials responsible for Guantánamo detention
statutoryBasis 28 U.S.C. § 1331
28 U.S.C. § 2241
subjectMatter habeas corpus jurisdiction
rights of foreign nationals detained in the war on terror
scope of 28 U.S.C. § 2241
topic extraterritorial application of U.S. law
separation of powers in wartime detention

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Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

John Paul Stevens notableWork opinion in Rasul v. Bush
GTMO subjectOf U.S. Supreme Court case Rasul v. Bush
linked to: opinion in Rasul v. Bush
opinion in Rasul v. Bush partOf Rasul v. Bush
linked to: opinion in Rasul v. Bush
Boumediene v. Bush relatedCase Rasul v. Bush
linked to: opinion in Rasul v. Bush
Ex parte Quirin relatedTo Rasul v. Bush
linked to: opinion in Rasul v. Bush