Does the U.S. Constitution Extend Rights to Aliens Detained Outside the United States?
The NYT flags an important issue that has been largely lost in the coverage of congressional plans to overhaul the military commission system. As the NYT reports, both the Bush bill and the McCain-Graham alternative would strip federal courts of their jurisdiction to hear habeas corpus appeals from detainees held outside of the U.S. (including Guantanamo Bay). According...