In Boumediene v. Bush, the Supreme Court held that the United States’ exercise of authority over Guantánamo gave the detainees a constitutional right… - Sandra Day O'Connor

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In Boumediene v. Bush, the Supreme Court held that the United States’ exercise of authority over Guantánamo gave the detainees a constitutional right to bring their habeas corpus claims in federal district courts. The Court also held that the procedures authorized under the Military Commissions Act, which called for military tribunals to look into the detention of the Guantánamo detainees, were not an adequate substitute for habeas. As the Court explained, “[t]he laws and Constitution are designed to survive, and remain in force, even in extraordinary times. Liberty and security can be reconciled; and in our system, they are reconciled within the framework of the law.”17

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About Sandra Day O'Connor

Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American jurist. She served as an Associate Justice of the Supreme Court of the United States from 1981 until she retired from the bench in January 2006. The first woman to serve on the Supreme Court, she was a crucial swing vote on the Court for many years because of her case-by-case approach to jurisprudence and her relatively moderate political views.

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Also Known As

Native Name: Sandra Day O’Connor
Alternative Names: Sandra O'Connor Sandra D. O'Connor Sandra Day Sandra Day O’connor
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The First Amendment expresses our Nation’s fundamental commitment to religious liberty by means of two provisions–one protecting the free exercise of religion, the other barring establishment of religion. They were written by the descendants of people who had come to this land precisely so that they could practice their religion freely. Together with the other First Amendment guarantees–of free speech, a free press, and the rights to assemble and petition–the Religion Clauses were designed to safeguard the freedom of conscience and belief that those immigrants had sought. They embody an idea that was once considered radical: Free people are entitled to free and diverse thoughts, which government ought neither to constrain nor to direct.

It is the individual who can and does make a difference even in this increasingly populous, complex world of ours. The individual can make things happen. It is the individual who can bring a tear to my eye and then cause me to take pen in hand. It is the individual who has acted or tried to act who will not only force a decision but also have a hand in shaping it. Whether acting in the legal, governmental, or private realm, one concerned and dedicated person can meaningful affect what some consider an uncaring world. So give freely of yourself always to your family, your friends, your community, and your country. The world will pay you back many times over.

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Liberty finds no refuge in a jurisprudence of doubt.

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