As Steve Vladeck, a Georgetown law professor, wrote in his newsletter on Friday: "Miller is being slippery about the actual text of the constitution." The suspension clause "does not say habeas can be suspended during any invasion", Vladeck noted, and it actually says that the right "shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it".
"[T]he whole point is that the default is for judicial review except when there is a specific national security emergency in which judicial review could itself exacerbate the emergency," Vladeck argued. "The emergency itself isn't enough. Releasing someone like Rümeysa Öztürk from immigration detention poses no threat to public safety."
https://www.theguardian.com/law/2025/may/09/end-habeas-corpus-detention-trump-stephen-miller
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