Should Judges or Congress Elaborate the Procedural Details of Habeas Review?
I want to explore Ben's point about the desirability of having Congress craft the remaining details of how habeas review will function (now that Boumediene requires such review) rather than having judges craft those rules in the first instance. There are indeed a raft of difficult procedural questions to be resolved in connection with the habeas review required by Boumediene. As I discuss...