FAS

Specter, Leahy Introduce Bill to “Restore” Habeas Corpus

12.06.06 | 1 min read | Text by Steven Aftergood

In another sign of shifting ground in the post-election Congress, Senators Arlen Specter and Patrick Leahy yesterday introduced the “Habeas Corpus Restoration Act of 2006,” which would reinstate federal court jurisdiction over Guantanamo detainees and other suspected enemy combatants.

The bill would repeal two provisions of the Military Commissions Act of 2006 enacted in September that limit habeas corpus. “Habeas corpus” refers to the ability of a detainee to seek judicial review of his case.

“The Constitution of the United States is explicit that habeas corpus may be suspended only in time of rebellion or invasion,” observed Sen. Specter. “We are suffering neither of those alternatives at the present time. We have not been invaded, and there has not been a rebellion.”

“This bill would restore the great writ of habeas corpus, a cornerstone of American liberty for hundreds of years that Congress and the President rolled back in an unprecedented and unnecessary way with September’s Military Commissions Act,” said Senator Leahy.

See the introduction of the Habeas Corpus Restoration Act here.

publications
See all publications
Global Risk
Press release
Nuclear Notebook: Russian Nuclear Weapons 2025 Federation of American Scientists Unveils Comprehensive Analysis of Russia’s Nuclear Arsenal

Russia currently maintains nearly 5,460 nuclear warheads, with an estimated 1,718 deployed. This represents a slight decrease in total warheads from previous years but still positions Russia as the world’s largest nuclear power alongside the United States.

05.13.25 | 3 min read
read more
Clean Energy
Blog
AI, Energy, and Climate: What’s at Stake? Hint: A lot.

The stakes are high: how we manage this convergence will influence not only the pace of technological innovation but also the equity and sustainability of our energy future.

05.12.25 | 6 min read
read more
Government Capacity
Blog
Bridging Innovation and Expertise: Connecting Federal Talent to America’s Tech Ecosystems

We’re launching an initiative to connect scientists, engineers, technologists, and other professionals who recently departed federal service with emerging innovation ecosystems across the country that need their expertise.

05.09.25 | 5 min read
read more
Environment
Press release
The Federation of American Scientists Joins Coalition to Prepare for and Prevent Wildfires

With wildfire risk increasing and the potential for destruction along with it continues to grow nationwide, the Federation of American Scientists (FAS) today joins with other organizations to launch a new coalition, Partners in Wildfire Prevention.

05.07.25 | 3 min read
read more