Boumediene v. Bush Ruling Paves Way for Stanford Law School’s International Human Rights Clinic Work on “War on Terror” Detentions

STANFORD, Calif.--(BUSINESS WIRE)--The International Human Rights Clinic (IHRC) at the Mills Legal Clinic at Stanford Law School has announced that today’s Supreme Court ruling in Boumediene v. Bush paves the way for the clinic’s continued work on “war on terror” detentions in Guantánamo and other detention facilities around the world.

“I believe the work of our clinic will greatly be aided by the Supreme Court’s firm rejection of the Bush administration's argument that the executive branch has free reign to act, without regard to the law, when it is pursuing its law enforcement actions against alleged terrorists”

The Court’s decision today makes clear that the constitutional writ of habeas corpus applies to everyone held under the jurisdiction and control of the United States.

“I believe the work of our clinic will greatly be aided by the Supreme Court’s firm rejection of the Bush administration's argument that the executive branch has free reign to act, without regard to the law, when it is pursuing its law enforcement actions against alleged terrorists,” said Visiting Professor Barbara Olshansky, who directs IHRC and was one the lawyers who has been working on the range of Guantánamo detention cases—from Rasul v. Bush (2004) to the Boumediene case decided today. “Justice Anthony M. Kennedy eloquently wrote for the Court that ‘The laws and Constitution are designed to survive, and remain in force, in extraordinary times.’ Today, the rule of law is alive and well in this country and the three branches of government are once again functioning as they should be in the world's strongest democracy.”

The International Human Rights Clinic at Stanford Law School helps prepare students to work as human rights lawyers. IHRC students have worked in Ghana and Namibia, and the clinic is expanding its work to address the tension between national security measures and compliance with international law mandates. Student work in the clinic will entail advocacy on behalf of detainees held by, or at the request of, the United States in prison facilities and detention camps located around the world, including places such as Guantánamo, Afghanistan, Iraq, Morocco, and Ethiopia.

About Barbara Olshansky

Barbara Olshansky, a leading voice in international human rights and humanitarian law, is the Leah Kaplan Visiting Professor in Human Rights. She joined Stanford in 2007 to teach international law and to establish and direct the International Human Rights Clinic’s in-country clinical program in Namibia. Professor Olshansky is known for her groundbreaking work on the 2004 Rasul v. Bush case, in which the Supreme Court of the United States overruled a lower court ruling and found that American courts have jurisdiction over claims brought by Guantánamo detainees who are foreign nationals. She is also the co-author of several books, including Against War with Iraq and Democracy Detained: Secret, Unconstitutional Practices in the U.S. War on Terror.

About the Mills Legal Clinic

Stanford Law School offers a variety of clinics that litigate in specialized fields, including environmental protection, immigrants’ rights, community law, cyberlaw, educational advocacy, and international human rights. The clinics provide pro bono representation and operate cohesively as a single law firm, the Mills Legal Clinic of Stanford Law School. The Mills Legal Clinic provides students an opportunity to apply classroom theory to real client situations and to develop a lifelong commitment to public service values.

About Stanford Law School

Stanford Law School is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, and write books and articles for academic audiences, as well as the popular press. Along with offering traditional law school classes, the school has embraced new subjects and new ways of teaching.