For the past three months, being a politics editor at The Conversation – and I’m sure at many other news organizations – has felt like a crash course in constitutional law. There are currently 208 legal challenges to Trump administration actions, according to one site tracking them. We’re spending a lot of time delving into different cases, publishing stories to help you understand both the context and implications of various administration actions and policies, a huge portion of which have ended up in court.
This week, we looked at a key legal concept: habeas corpus.
“In some parts of the world, a person may be secreted away or imprisoned by the government without any advanced notification of wrongdoing or chance to make a defense,” writes Andrea Seielstad, a law professor at the University of Dayton. “This has not been lawful in the United States from its very inception, or in many other countries where the rule of law and respect for individual civil rights are paramount.”
That’s because the legal doctrine of “habeas corpus,” a Latin phrase that has its American roots in English law that dates to as early as the 12th century, stands as a barrier to unlawful arrest.
Seielstad writes that “in its essence, habeas corpus protects any person, whether citizen or not, from being illegally confined.” And that’s why, she says, habeas corpus “is front and center right now in many of the lawsuits challenging the Trump administration’s arrest and deportation of noncitizen students, scholars, humanitarian refugees and others.”
Also in this week’s politics news:
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