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Law's DetourJustice Displaced in the Bush Administration$
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Peter Margulies

Print publication date: 2010

Print ISBN-13: 9780814795590

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814795590.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 19 September 2021

(p.157) Afterword

(p.157) Afterword

Chapter:
(p.157) Afterword
Source:
Law's Detour
Author(s):

Peter Margulies

Publisher:
NYU Press
DOI:10.18574/nyu/9780814795590.003.0008

This afterword examines the aftereffects of the Bush administration's legal detours. It first considers how the financial crisis of 2008 exposed the Bush administration's neglect of regulation before turning to the issue of national security. It then discusses the Supreme Court's landmark decision in Boumediene v. Bush, which struck down portions of the Military Commissions Act of 2006 that had stripped the federal courts of jurisdiction over writs of habeas corpus sought by Guantánamo detainees. In particular, it explains how Boumediene v. Bush dismantled the structure of impunity through geography and ended detours around individualized adjudication of dangerousness. It also explores the question of whether the Obama administration should investigate or prosecute Bush officials and concludes with suggestions on how the detours around the law can be avoided.

Keywords:   legal detours, Bush administration, national security, Supreme Court, Boumediene v. Bush, Military Commissions Act 2006, habeas corpus, detainees, impunity, Obama administration

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