Perhaps the least persuasive part of the largely unpersuasive Boumediene opinion is its attempt to distinguish the most relevant and binding precedent on the subject: the Supreme Court’s 1950 decision in Johnson v. Eisentrager. In Boumediene, the Court effectively overruled Eisentrager’s holding that enemy aliens cannot have the benefit of habeas corpus when held outside the territory of the United … Continue reading Does Ignoring Precedent Matter?