Rasul

  1. Habeas statute gives District Court jurisdiction (power to hear the case) (Groups 1-2)
  2. Government offers no persuasive reason to ignore the unambiguous command of the habeas statute (Groups 3, 4, 5)

 

Bush

  1. Under the fundamental principles recognized in Eisentrager, US courts lack jurisdiction (power) over claims filed on behalf of Guantanamo detainees (Group 6, 7)
  2. Petitioners’ attempts to relitigate Eisentrager are unailing
  3. Departing from Eisentrager would raise serious separation of powers issues (Groups 8-9)
  4. The Guantanamo detentions are subject to diplomatic and political scrutiny. (Group 10)