“Justice John Paul Stevens played a pivotal role in determining the scope of executive-branch power in a post-9/11 world,” observed the Congressional Research Service in one of a series of new reports reviewing the legacy and impact of Justice Stevens, who is set to retire from the Supreme Court next month.
“Justice Stevens authored majority opinions in two leading cases, Rasul v. Bush and Hamdan v. Rumsfeld, in which the Court allowed detainees’ habeas petitions to proceed and invalidated the early incarnation of military commissions, thereby rejecting the broader views of executive power articulated shortly after the 9/11 attacks. In the cases, his view prevailed over strongly articulated dissenting opinions authored by Justice Scalia and other justices,” the CRS noted.
“Justice Stevens has been instrumental in developing post-9/11 jurisprudence regarding the limits of executive power during — and following — armed conflicts. Prior to 9/11, the Supreme Court had rarely considered questions regarding potential limits on the President’s Commander in Chief power. The wartime detention cases provide key insights into the Court’s views on the reach of executive authority, as well as on other separation-of-power concerns, including Congress’s role.”
However, a portion of this legacy on detainees’ rights may already be subject to limitation or erosion. Last week, a federal appeals court ruled that detainees held abroad by the U.S. military in Afghanistan — unlike those in Guantanamo — could not invoke habeas corpus to appear before a judge.
See “The Jurisprudence of Justice John Paul Stevens: Leading Opinions on Wartime Detentions” (pdf), May 13, 2010.
The companion reports from CRS are these (all pdf):
“The Jurisprudence of Justice John Paul Stevens: Selected Federalism Issues,” May 19, 2010.
“The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law,” May 14, 2010.
Congress has forbidden CRS to make these and other publications directly available to the public online. Copies were obtained by Secrecy News.
Update: One more:
The Jurisprudence of Justice John Paul Stevens: The Chevron Doctrine, May 26, 2010.
Update: And another:
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on the Jury’s Role in Criminal Sentencing, June 7, 2010.
The Federation of American Scientists supports H.R. 471, the re-introduction of the Fix Our Forests Act.
As people become less able to distinguish between what is real and what is fake, it has become easier than ever to be misled by synthetic content, whether by accident or with malicious intent. This makes advancing alternative countermeasures, such as technical solutions, more vital than ever before.
Throughout this phase of work, there are many actions hiring managers and staffing specialists can take to streamline the process and improve the quality of eligible candidates. Most importantly, hiring managers and staffing specialists can collaborate within and across agencies to expedite and simplify the process.
The next administration should establish a Participatory Technology Assessment unit to ensure federal S&T decisions benefit society.