Source: The American Prospect
by James Baratta
“Under the Constitution and federal law, individuals may challenge the legality of their detention in a court of law by filing a writ of habeas corpus. It is perhaps the most important protection preventing state actors from arbitrarily tossing people in jail indefinitely. At its core, habeas corpus provides a structural ballast in the preservation of liberal democratic values, and extends to both citizens and noncitizens. In addition to being one of the few rights mentioned explicitly in the original body of the Constitution, habeas is one of the oldest rights in the Anglo-American common-law tradition, dating back to before the Magna Carta of 1215, and supported by hundreds of years of legal precedent. On May 9, White House deputy chief of staff Stephen Miller said the Trump administration is ‘actively looking at’ whether to suspend habeas corpus.” (05/14/25)
https://prospect.org/civil-rights/2025-05-14-trump-would-torch-magna-carta/