Section 7 of the Military Commissions Act of 2006 is unconstitutional because foreign terrorism suspects held at Guantanamo Bay have the constitutional right to challenge their detention in United States courts. Decided June 12, 2008 (argued December 5, 2007). Opinion of the Court: Anthony Kennedy → go there Dissenting: Roberts, Scalia. Topic: Detention of terrorism suspects. Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007. Wiki link