IN THE SENATE OF THE UNITED STATES
December 5, 2006
Mr. Specter (for himself and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To restore habeas corpus for those detained by the United States.
This Act may be cited as
Habeas Corpus Restoration Act of
Restoration of habeas corpus for those detained by the United States
Section 2241 of title 28, United States Code, is amended by striking subsection (e).
Section 950j of title 10, United States Code, is amended by striking subsection (b) and inserting the following:
Limited review of military commission procedures and actions
Except as otherwise provided in this chapter or in section 2241 of title 28 or any other habeas corpus provision, and notwithstanding any other provision of law, no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter.
Effective date and applicability
The amendments made by this Act shall—
take effect on the date of the enactment of this Act; and
apply to any case that is pending on or after the date of enactment of this Act.