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Habeas Corpus, Due Process, and Extradition

It is difficult to dispute the central claim of Professor Brandon Garrett’s article, Habeas Corpus and Due Process, that the Supreme Court’s 2008 decision in Boumediene v. Bush “can and should provide a theory of the nature and structure of habeas corpus.” After all, as Professor Garrett cogently explains, Boumediene was not only the first case in which the Court held that an Act of Congress violated the Constitution’s Suspension Clause; it was the first time the Court ever gave substantive content to the Suspension Clause at all.

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