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| Rasul v. Bush | |
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| Argued April 20, 2004 Decided June 28, 2004 | |
| Full case name | Shafiq Rasul, et al., Petitioners v. George W. Bush, President of the United States, et al.; Fawzi Khalid Abdullah Fahad al Odah, et al., Petitioners v. United States, et al. |
| Citations | 542 U.S. 466 (more) 124 S. Ct. 2686; 159 L. Ed. 2d 548; 2004 U.S. LEXIS 4760; 72 U.S.L.W. 4596; 2004 Fla. L. Weekly Fed. S 457 |
| Case history | |
| Prior | Al Odah v. United States, 321 F.3d 1134 (D.C. Cir. 2003); cert. granted, 540 U.S. 1003 (2003). |
| Holding | |
| The degree of control exercised by the United States over the Guantanamo Bay base is sufficient to trigger the application of habeas corpus rights. The right to habeas corpus can be exercised in all dominions under the sovereign's control. | |
| Court membership | |
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| Case opinions | |
| Majority | Stevens, joined by O'Connor, Souter, Ginsburg, Breyer |
| Concurrence | Kennedy (in judgment) |
| Dissent | Scalia, joined by Rehnquist, Thomas |
Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention.[1] The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.
The lead petitioner, British citizen Shafiq Rasul, was one of the Tipton Three. The U.S. transported the three men to the United Kingdom in March 2004 before the decision was handed down, and the government released them the next day.
- ^ Rasul v. Bush, 542 U.S. 466 (2004).
This article incorporates public domain material from this U.S government document.
