Rasul
- Habeas statute gives District Court jurisdiction (power to hear the case) (Groups 1-2)
- Government offers no persuasive reason to ignore the unambiguous command of the habeas statute (Groups 3, 4, 5)
Bush
- Under the fundamental principles recognized in Eisentrager, US courts lack jurisdiction (power) over claims filed on behalf of Guantanamo detainees (Group 6, 7)
- Petitioners’ attempts to relitigate Eisentrager are unailing
- Departing from Eisentrager would raise serious separation of powers issues (Groups 8-9)
- The Guantanamo detentions are subject to diplomatic and political scrutiny. (Group 10)