Al-Marri v. Wright

I regret that I am unable to concur in the majority opinion, except to the extent that I agree that this Court has jurisdiction over this appeal. Although I do not embrace all aspects of the majority’s jurisdictional reasoning, I agree that Section 7 of the Military Commission Act of 2006(MCA) does not divest this Court of its constitutional jurisdiction, under Article *196I, Section 9, to review habeas corpus decisions involving individual detainees within the United States. See Hamdi v. Rumsfeld, 542 U.S. 507, 525, 124 S.Ct. 2633, 2644, 159 L.Ed.2d 578 (2004). The MCA may, however, foreclose a…