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The History of Habeas, Part V: 1789 as the High-Water Mark of English Habeas

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In my last post on Paul Halliday's new history of habeas in pre-revolutionary England, I thought I'd end at the beginning. In INS v. St. Cyr in 2001, Justice Stevens wrote for the majority that, at a minimum, the Suspension Clause protects the writ of habeas corpus "as it existed in 1789." Ironically, perhaps paradoxically, Halliday's research suggests that those who object to the Supreme Court

Full post as published by Legal History Blog on July 31, 2010 (boomark / email).

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