May 12, 2025

Stephen Miller’s Argument for Suspending Habeas Corpus Is Legal Garbage

Suspending the right to challenge the legality of one’s detention in court would shred a core tenet of the Constitution.

If White House Deputy Chief of Staff Stephen Miller is to be believed, Team Trump is poised to drive another stake through the heart of the Constitution. On May 9, Miller told reporters that the administration is considering whether to suspend the right to habeas corpus – known as “The Great Writ” – in immigration cases. Suspending habeas corpus, which allows individuals to challenge the legality of their detention in court, would be unconstitutional.

The Suspension Clause, located in Article I, Section 9, Clause 2 of the Constitution, says: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

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books by marjorie cohn
Drones and Targeted Killing The United States and Torture Rules of Disengagement Cowboy Republic: 6 Ways the Bush Gang Defied the Law Cameras in the Courtroom

about marjorie cohn

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, Salon, Jurist, Truthdig, Portside, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Learn more about Marjorie >>

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