Professor Tom W. Bell of Chapman University, Fowler School of Law.
The U.S. Department of Justice recently asked federal lawmakers for the emergency power to detain suspects indefinitely—and without judicial review. Though shocking, that request follows the lead of recent executive orders by the governors of California, New York, Illinois, and other states, which have effectively put entire populations under house arrest without the benefit of charges being brought or trials being held.
If like tens of millions of Americans you have been trapped in your home by one of these COVID-19 lockdown orders, separated from loved ones and deprived of a livelihood, you might have wondered: Can your constitutional rights thus be negated without judicial review? The answer, thanks to the ancient remedy of habeas corpus: Not legally.
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