State Habeas Relief for Federal Extrajudicial DetaineesMinnesota Law Review (2007)
AbstractI argue that the Court’s nineteenth-century rulings in Ableman v. Booth and Tarble’s Case marked a little-known but sharp break with state courts’ decades-long practice of granting habeas relief to federal extrajudicial detainees. I contend that the Court’s reasoning in those cases is unpersuasive, and that modern efforts to rationalize those cases’ outcomes fare no better. I also argue that the Suspension Clause bars Congress from stripping state courts of their power to grant habeas relief to persons being extrajudicially detained by federal authorities.
- tarble's case,
- suspension clause,
- state courts
Publication DateDecember, 2007
Citation InformationTodd E. Pettys. "State Habeas Relief for Federal Extrajudicial Detainees" Minnesota Law Review Vol. 92 Iss. 2 (2007)
Available at: http://works.bepress.com/todd_pettys/5/