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State Habeas Relief for Federal Extrajudicial Detainees
Minnesota Law Review (2007)
  • Todd E. Pettys
I 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.
  • habeas,
  • detainees,
  • tarble's case,
  • suspension clause,
  • ableman,
  • federalism,
  • state courts
Publication Date
December, 2007
Citation Information
Todd E. Pettys. "State Habeas Relief for Federal Extrajudicial Detainees" Minnesota Law Review Vol. 92 Iss. 2 (2007)
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