Senator Lindsey Graham (R-S.C.) [pictured] has proposed legislation that would strip the federal courts from hearing habeas corpus petitions brought by detainees captured in the war on terrorism. In other words, these suspects would not be able to challenge their detentions in federal court. The proposed legislation responds to rising habeas petitions filed after a Supreme Court ruling from the previous term. As the Guardian (UK) notes:
Initially, the administration refused to let the 500 or so prisoners held at the U.S. naval base to challenge their imprisonment by filing petitions known as habeas corpus. The Supreme Court in 2004 said U.S. courts were open to filings from the detainees. Many of them were captured in Afghanistan and have been held at the jail for several years without being charged. Lawsuits have piled up since.Text of Senator Graham's proposed amendment is available here, thanks to "How Appealing."
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