In the wake of Boumediene, there has been a flood of litigation in which detainees seek the writ of habeas corpus challenging their detention as unlawful. As of this writing, there have been roughly thirteen detainees released, while at least sixteen others who were granted the writ of habeas corpus remain confined in a state of limbo at Guantanamo Bay. With no clear guidance on how to proceed with these novel issues, the judges of the United States District Court for the District of Columbia have had the difficult task of determining which of the petitioning detainees are lawfully detained, and which have been put through an excruciating ordeal without legal justification.
Part II.A of this Note will discuss the historical precedent for the detention of enemy combatants, the writ of habeas corpus, and issues implicating separation of powers during times of national and international crisis. Part II.B will explore the evolution of legislation dealing with detention of enemy combatants from World War II to the present, focusing on how such legislation has come to pass, and its utilization by the executive branch. Part II.C will then examine how the Supreme Court granted detainees the ability to challenge their detention, and how that ability affects habeas corpus litigation in the federal courts. Part II.D will examine the importance of the Al Ginco decision and its implications on detainee habeas corpus litigation. Finally, Part III of this Note will call for legislation that may serve to unify the courts in their consideration of detainee habeas corpus actions, maintain the correct separation of powers throughout the three branches of the U.S. government, and ensure that no one is indefinitely detained without clear legal justification. . .