We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Unnamed & Uncharged: Next Friend Standing and the Anonymous Detainee.
- Authors
Harman-Heath, Scott
- Abstract
Since before the founding of the United States, the writ of habeas corpus has been an important tool for challenging executive detention. The Supreme Court has carefully limited who may petition for a writ of habeas corpus. Pursuant to a doctrine called "next friend standing," third parties are sometimes allowed to petition for the release of detainees who are unable to litigate on their own behalf. In Whitmore v. Arkansas, the Supreme Court held that in order for a federal court to exercise jurisdiction over a next friend petition, the third party must demonstrate a significant connection with the detainee. But it is, of course, impossible to establish a significant connection to a detainee without knowing his identity. Thus, by withholding a detainee's identity and precluding that detainee from accessing judicial process, the government can constructively suspend access to habeas corpus. In one recent case, the U.S. government attempted to exploit this doctrinal shortcoming: In late 2017, the government detained a U.S. citizen for three months without access to judicial process--a constructive suspension of the detainee's right to access habeas corpus. Protracted litigation was ongoing when the government announced and executed an agreement to release the detainee to a third country, without judicial resolution of the lawfulness of his detention. This Article examines how courts can respond to similar situations when they arise in the future. It argues that courts can address this problem by exercising the power to ascertain their own jurisdiction. This power, the Article contends, can be used to require the government to answer series of simple questions. These questions will facilitate expedient determinations by federal courts on the question of whether a next friend exists and will protracted jurisdictional disputes between a putative next friend and the government. Ultimately, the Article contends that it is possible for federal courts to remain faithful to both the Constitution's promise of access to habeas corpus and the Supreme Court's opinion in Whitmore.
- Subjects
ARKANSAS; APPELLATE courts; JUDICIAL process; FEDERAL courts; JUDICIAL opinions; HABEAS corpus; PETITIONS
- Publication
Harvard National Security Journal, 2020, Vol 11, Issue 3, p420
- ISSN
2153-1358
- Publication type
Article