Skip to content
Search

Latest Stories

Top Stories

Just The Facts: Habeas Corpus

Just The Facts: Habeas Corpus
Habeas Corpus - Free of Charge Creative Commons Legal Engraved image

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.

What is Habeas corpus?


Habeas corpus is a fundamental legal principle that protects individuals from unlawful detention. The term, derived from Latin, means "you shall have the body" and refers to a writ that requires authorities to bring a detained person before a court to justify their imprisonment. It ensures that no one is held without legal cause and is a cornerstone of due process in many legal systems.

In the U.S., habeas corpus is enshrined in the Constitution and can only be suspended in cases of rebellion or invasion. Historically, it has been used to challenge unlawful imprisonment, including in cases involving criminal defendants, immigration detainees, and military prisoners.

What has the Trump Administration recently done related to Habeas Corpus?

The Trump administration is actively considering suspending habeas corpus—the legal right that allows individuals to challenge their detention in court. White House Deputy Chief of Staff Stephen Miller stated that the administration is exploring this option, arguing that the Constitution permits suspension in cases of rebellion or invasion.

This move is primarily tied to immigration enforcement, as the administration seeks to expedite deportations by limiting judicial review. Some federal judges have already ruled against certain deportations based on habeas corpus claims, ordering the release of detained individuals. However, other judges have sided with the administration.

Legal experts have questioned the validity of Miller’s interpretation, emphasizing that only Congress can suspend habeas corpus. Historically, habeas corpus has only been suspended in extreme circumstances, such as the Civil War and World War II.

What arguments might be legally challenging the administration's use of Habeas Corpus?

The legal challenges ahead will likely focus on whether immigration qualifies as an "invasion" under constitutional law and whether the executive branch can bypass Congress in suspending habeas corpus. Some judges have ordered the release of detainees based on habeas corpus petitions, while others have upheld the administration's actions.

What are some specific court rulings or historical precedents?

  • Hamdi v. Rumsfeld (2004): This Supreme Court case reaffirmed that the executive branch cannot detain U.S. citizens indefinitely without due process unless Congress suspends habeas corpus. The ruling emphasized that detainees must have the right to challenge their imprisonment in court.
  • Banister v. Davis (2020): The Supreme Court clarified that a motion to alter or amend a habeas court’s judgment is not considered a second or successive habeas petition under federal law. This ruling helped define procedural limits on habeas corpus appeals.

When have there been historical suspensions of Habeas corpus?

  • The Civil War (1863): President Abraham Lincoln suspended habeas corpus to detain suspected Confederate sympathizers.
  • World War II (1942): The U.S. government suspended habeas corpus in Hawaii following the attack on Pearl Harbor.
  • Trump v. J.G.G. (2025): This recent Supreme Court case involved the detention and removal of Venezuelan nationals under the Alien Enemies Act. The Court ruled that habeas corpus must be used to challenge such detentions, reinforcing its role as a safeguard against arbitrary imprisonment.

Have any members of Congress commented on the proposed suspension of Habeas corpus by the Trump administration?

Several legal experts and commentators have weighed in on the Trump administration's consideration of suspending habeas corpus. The general consensus is that only Congress has the authority to suspend habeas corpus, not the president. The Constitution places this power in Article I, which governs legislative authority, meaning the executive branch cannot unilaterally make this decision.

Many legal scholars and judges have challenged this interpretation, and some courts have ruled against the administration's efforts to bypass habeas corpus protections.

David Nevins is co-publisher of the Fulcrum and co-founder and board chairman of the Bridge Alliance Education Fund.

Read More

The Supreme Court Ruling in the Skrmetti Case Should Have Taken Sex Discrimination Into Account: 5 Things To Know

Supreme Court.

Equality Now

The Supreme Court Ruling in the Skrmetti Case Should Have Taken Sex Discrimination Into Account: 5 Things To Know

A quick recap:

  • The Supreme Court upheld Tennessee’s gender-affirming care ban, weakening equal protections.
  • Tennessee’s law denies care based on sex assigned at birth, despite claims it doesn’t.
  • The Supreme Court decision and Tenessee’s law violates international human rights standards on health and non-discrimination.
  • To reach a decision, the Court revived harmful legal reasoning.
  • Without stronger protections, discrimination can be hidden in neutral language.

On June 18, 2025, the US Supreme Court issued its decision in United States v. Skrmetti, upholding Tennessee’s ban on gender-affirming care for minors. The Court held that Tennessee’s law does not rely on a sex-based classification and therefore does not warrant heightened judicial scrutiny under the Equal Protection Clause of the US Constitution. The decision sidestepped the central role sex plays in the Tennessee law, effectively signaling that states may target gender-affirming care for transgender youth without triggering the constitutional protections typically afforded in such cases.

The Court accepted Tennessee’s claim that the law at issue merely regulates “based on age” and “medical use,” not on sex or transgender status. But this framing misrepresents how the law functions in practice: access to treatment is determined entirely by a patient’s sex assigned at birth. It’s not the treatment itself that is restricted, but who is seeking it and for what purpose.

Keep ReadingShow less
A Democrat’s Answer to the Immigration Issue

"America would not have been able to become the economic powerhouse it is without...immigrants," writes Ronald L. Hirsch. "So what's the political and humane solution to the immigration problem?"

Getty Images, Thanasis

A Democrat’s Answer to the Immigration Issue

Polls show that the issue of immigration—actually, it's just illegal immigration—has become a major concern to a majority of Americans. No doubt that is largely because of Trump's vilification of undocumented immigrants.

But illegal immigration has, in fact, been a major problem for many years. Why? Mainly because roughly 11 million undocumented individuals have been living here for years, working and paying taxes, yet they are outside the legal framework of our society. That is the problem.

Keep ReadingShow less
The Sanctuary City Debate: Understanding Federal-Local Divide in Immigration Enforcement
Police car lights.
Getty Images / Oliver Helbig

The Sanctuary City Debate: Understanding Federal-Local Divide in Immigration Enforcement

Immigration is governed by a patchwork of federal laws. Within the patchwork, one notable thread of law lies in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The Act authorizes the Department of Homeland Security, Customs and Border Protection (CBP) programs, and Immigration and Customs Enforcement (ICE) to work in tandem with local agencies and law enforcement on deterrence and enforcement efforts. Like the now-discontinued Secure Communities program that encouraged information sharing between local police agencies and ICE, the law specifically authorizes ICE to work with local and federal partners to detain and deport removal-eligible immigrants from the country.

What are Sanctuary Policies?

Keep ReadingShow less
Lady Justice

On April 2, President Trump announced "Liberation Day"—the imposition of across-the-board tariffs on imports into the United States.

the_burtons/Getty Images

Trump’s Tariffs Are Unlawful: How the “Nondelegation Doctrine” Limits Congress

This guest post from Eric Bolinder, a professor of law at Liberty University, is based on his recent law review article on the constitutionality of President Trump's tariffs. Before Liberty University, Eric was counsel at Cause of Action Institute, where he helped litigate Loper Bright, the case that overturned Chevron deference, and at Americans for Prosperity Foundation.

On April 2, President Trump announced "Liberation Day"—the imposition of across-the-board tariffs on imports into the United States. Without congressional action, these tariffs are highly vulnerable to legal challenges as they may violate something called the "nondelegation doctrine." Recently, two courts, the Court of International Trade and the U.S. District Court for the District of Columbia, enjoined the tariffs (though both decisions are stayed), finding that the President had no statutory authority to implement them. These courts echoed what I'll discuss below, that if the statute does authorize tariffs, then they may be unconstitutional under the nondelegation doctrine.

Keep ReadingShow less