Scholarship: The Guantanamo habeas cases as lawmaking

02/09/10: The Brookings Institution has published a report by Benjamin Wittes and Robert Chesney, senior fellows at Brookings, and Rabea Benhalmin, a legal fellow at Brookings, analyzing how the common law process of litigating Guantanamo habeas cases has emerged as the chief legislative mechanism for doing so. The authors argue that the significance of the Guantanamo habeas litigation will extend to detentions around the world, and that the litigation is a vehicle for an unprecedented wartime law-making exercise with broad implications for the future. HT to The Lift.