Chief Justice Roberts

Post 1: In his dissenting opinion in Boumediene, Chief Justice Roberts stated that, “One cannot help but think that, after surveying the modest practical results of the majority’s ambitious opinion, that this decision is not really about the detainees at all, but about control of federal policy regarding enemy combatants.” Why did the Chief Justice state this? Do you agree? What was the primary basis for the Chief Justice’s dissent? Include your own analysis from Hamdi. You may also use material from Justice Scalia’s dissent to support your answer. Read the following pages in your textbook: National Security Law 6TH 16 Author: Dycus, Stephen / Berney, Arthur L. / Banks, William C. ISBN-13: 978-1-4548-6832-3 ISBN-10: 1-4548-6832-5 Edition/Copyright: 6TH 16 Publisher: Aspen Law Suspension Clause Structure: 831-855 Suspension Clause Scope: 857-886 Military Detention of U.S. Persons: 887-921 Military Detention of Non-U.S. Persons: 923-954