Pertinent summary of the constitutional basis for habeas corpus and its suspension[1], and of the Habeas Corpus Suspension Act,[2] which may provide good background for the folks here:
Habeas corpus is one of a class of legal vehicles known as extraordinary writs. Many of the ones that survive in American law (primarily in state courts — federal law has abolished writs like audita querela, coram nobis, coram vobis, etc.) tend to be appellate in nature, yet typically original actions in the appellate court. For example, writs of prohibition, mandamus, and certiorari are alive and well. Habeas and quo warranto (still common and used to challenge a governmental official's right to hold the office) are extraordinary writs and original actions, but usually initiated in the court of first instance (i.e., trial court).
The Annotated Constitution (see first link) is an excellent resource and worth bookmarking.
tocs3•21m ago
It is worth remembering that habeas corpus is written into the US Constitution. It can and has been suspended but are we really facing the same dangers now?
The Constitution is pretty clear that invasion or rebellion are required; this threatened move seems to suffer from the same infirmities as the Administration's attempt to use the Alien Enemies Act (against which the federal courts are pushing hard).
treetalker•23m ago
[1]: https://constitution.congress.gov/browse/essay/artI-S9-C2-1/...
[2]: https://en.wikipedia.org/wiki/Habeas_Corpus_Suspension_Act_%...
Habeas corpus is one of a class of legal vehicles known as extraordinary writs. Many of the ones that survive in American law (primarily in state courts — federal law has abolished writs like audita querela, coram nobis, coram vobis, etc.) tend to be appellate in nature, yet typically original actions in the appellate court. For example, writs of prohibition, mandamus, and certiorari are alive and well. Habeas and quo warranto (still common and used to challenge a governmental official's right to hold the office) are extraordinary writs and original actions, but usually initiated in the court of first instance (i.e., trial court).
The Annotated Constitution (see first link) is an excellent resource and worth bookmarking.