Senator Boxer: Restoring Habeas Corpus

July 03 , 2007

I want to let you know about legislation that I am cosponsoring that is designed to protect the Constitutional rights we all hold dear.

The Habeas Corpus Restoration Act of 2007 (S.185) would repeal provisions of the Military Commissions Act that currently deny habeas corpus rights to those persons detained by the United States. I am proud to be a cosponsor of this important bipartisan bill.

The U.S. Supreme Court has recognized habeas corpus as “the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.” The principle of habeas corpus permits an accused person to challenge whether his or her imprisonment is lawful. It is the foundation of our legal system that protects every one of us – not just those accused of a crime.

This 900-year-old legal standard was eliminated by the Bush Administration in the Military Commissions Act of 2006. Reestablishing habeas corpus rights is critical to repairing the damage that has been caused by the Administration’s harmful and misguided detention policies.

I will work to pass S.185 and other legislation that is consistent with America’s guiding principles of fairness, justice, and the rule of law.

Sincerely,

Barbara Boxer
United States Senator

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