Administration officials have suggested suspending a legal principle that protects against unlawful detention, and struggled ...

It doesn't matter that President Donald Trump may purport to suspend habeas corpus only for illegal aliens. If he does, who gets to decide who is an illegal alien?

Where did the principle of habeas corpus come from, and why is the current administration looking to repeal it? Here’s what ...

"Yes, I support habeas corpus," Noem replied. "I also recognize that the President of the United States has the authority under the Constitution to decide if it should be suspended or not." ...

Homeland Security Secretary Kristi Noem says the constitutional provision that allows people to legally challenge their detention by the government is actually a tool the Trump administration can use ...

The Trump Administration has gone on the record and said they are “considering possibilities” of suspending the Great Writ of ...

The Constitution only has two conditions under which habeas corpus protections can be suspended: in cases of rebellion or invasion. That's one of the arguments the Trump administration would use ...

What if arrest without trial transforms our democracy into a monarchy? What if this happens right before our eyes? What do we do about it?

Parliament enacted the Habeas Corpus Act of 1679, which was meant to ensure that the king released prisoners when the law did not justify confining them. The Constitution’s Suspension Clause ...

What if Abraham Lincoln suspended habeas corpus during the War Between the States in certain regions in the north so he could arrest his critics without trial? What if the Supreme Court ruled that ...