Right Problem; Wrong Solution

For the great writ of habeas corpus, these are the best of times and the worst of times. In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, to use the writ to challenge the legality of his incarceration. Boumediene was a triumph of both…