Habeas Resources

Professor Berman posted links to Congressional Research Service articles on federal habeas corpus that look like good introductory material: Federal Habeas Corpus: An Abridged Sketch; and the 40-page Federal Habeas Corpus: A Brief Legal Overview. Courtesy of the SCOTUS blog, we have the amicus briefs of habeas scholars in support of Guantanamo detainees opposing the government's interpretation of the Detainee Treatment Act, arguing based on the writ's common law meaning, and another group of habeas scholars arguing that the Framers' understanding of habeas corpus forecloses congressional jurisdiction-stripping. And the Federal Defenders have an amicus brief on the DTA addressing constitutional doubts based on suspension of the writ, Bill of Attainder, separation of powers, and due process.