“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.
A lack of sustained federal funding, deteriorating research infrastructure and networks, restrictive immigration policies, and waning international collaboration are driving this erosion into a full-scale “American Brain Drain.”
With 2000 nuclear weapons on alert, far more powerful than the first bomb tested in the Jornada Del Muerto during the Trinity Test 80 years ago, our world has been fundamentally altered.
As the United States continues nuclear modernization on all legs of its nuclear triad through the creation of new variants of warheads, missiles, and delivery platforms, examining the effects of nuclear weapons production on the public is ever more pressing.
“The first rule of government transformation is: there are a lot of rules. And there should be-ish. But we don’t need to wait for permission to rewrite them. Let’s go fix and build some things and show how it’s done.”