Rasul V. Bush - Oral Arguments

Oral Arguments

During the oral arguments the following points came up:

• Many of the Justices' questions indicated a belief that Johnson v. Eisentrager was immaterial to the jurisdictional question at hand, while the government argued that it was material. Justice Stevens went further to note that the Ahrens v. Clark decision, on which Eisentrager case was decided, had since been largely reversed, and thus relevant parts of Eisentrager may no longer apply.
• Justice Souter noted that the ability of a U.S. citizen to get a trial may necessarily imply that the court has jurisdiction in that geographic area, since jurisdiction is largely a geographic and sovereignty matter. Since the government has said it would not challenge habeas corpus by a U.S. citizen in Guantanamo Bay, this could establish jurisdiction in the area.
• There was some concern in the court that there is a gray area where certain types of cases would fall through the cracks, as it were, because no one has real jurisdiction except the U.S. military. On the other hand, Justice Scalia noted, it may be possible, and better, for Congress to remedy that situation, as they have deliberative powers the court does not.