Judicial Review, Combatant Status Determinations, and the Possible Consequences of Boumediene

robert chesney, Wake Forest University School of Law

Abstract

This essay for HILJ Online responds to an earlier essay by State Department Legal Advisor John Bellinger on the topic of the Military Commissions Act. The essay's main purpose is to describe the issues that would arise should the Supreme Court accept or deny cert in the Boumediene case (the Supreme Court ultimately granted cert a few months after the essay was published).