Tournament: James Madison 1ac | Round: 2 | Opponent: All | Judge: All
Plan: The United States Supreme Court should grant certiorari to Al Bihani v Obama and rule that detainees are entitled to habeas corpus protections in federal court.  

Contention 1 is Al-Bihani
Al Bihani v Obama is a DC Circuit case that allows the president to detain any member of a terrorist organization, whether or not they are active combatants, and denies those prisoners habeas corpus rights to contest their detainee status.  
Tarnogorski 10
Rafa Tarnogórski is an analyst for the Polish Institute of International Affairs
USA and Laws of War (Al-Bihani v. Obama)
http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c706023326lng=en26id=112282

On 5 January 2010... purpose and effect.

Al Bihani reverses a long standing habeas corpus restriction on presidential war powers—it’s currently ripe for review by the Supreme Court
Denniston 11
Lyle Denniston, New try on Guantanamo detention, SCOTUSblog (May. 18, 2011, 9:29 PM),http://www.scotusblog.com/2011/05/new-try-on-guantanamo-detention/

One of the more ... Court to provide direction.”

Habeas corpus rights are key to human rights and preventing the state of exception.
Ferrell, 2011 (Brian, Professor of Law at the University of Iowa, “Access to Habeas Corpus: A Human Rights Analysis of US Practices in the War on Terrorism”, 20 Transnat’l L. and Contemp. Probs. 3, via Hein Online Database)

Habeas corpus is a critical safeguard ... emergency powers by the executive.  

Bare life allows us to strip humans of their humanity and exterminate them “as lice”—it justifies genocide by eliminating our ability to see the Other as human.  
Agamben, 2005
(Giorgio, professor of aesthetics at the University of Verona, Homo Sacer, p 113-115)
It is Jean Luc Nancy’s ...virtually all homines sacri.

When politics and life become one, then all life becomes controllable by the sovereign exception. This justifies genocide to maintain “the  body of the people”
Agamben 1998 Giorgio, Prof. of Philosophy and Aesthetics at the University of Verona Homo Sacer: Sovereign Power and Bare Life. Translated by Daniel Heller-Roazen. P. 147-148
4.2. A few years earlier... becomes the exception.

Finally, human rights protection prevents extinction.
Annas et al 2 Edward R. Utley Prof. and Chair Health Law @ Boston U. School of Public Health and Prof. SocioMedical Sciences and Community Science @ Boston U. School of Medicine and Prof. Law @ Boston U. School of Law George, Lori Andrews, (Distinguished Prof. Law @ Chicago-Kent College of Law and Dir. Institute for Science, Law, and Technology @ Illinois Institute Tech), and Rosario M. Isasa, (Health Law and Biotethics Fellow @ Health Law Dept. of Boston U. School of Public Health), American Journal of Law and Medicine, “THE GENETICS REVOLUTION: CONFLICTS, CHALLENGES AND CONUNDRA: ARTICLE: Protecting the Endangered Human: Toward an International Treaty Prohibiting Cloning and Inheritable Alterations”, 28 Am. J. L. and Med. 151

The development of the atomic bomb ... exists or is on the horizon.

Scenario 2: Credibility
Now is key to set the global standard for human rights protection
Nossel 12
(Suzanne Nossel, executive director of Amnesty International USA, "Time for a Reset on Human Rights," 11-7-12, www.foreignpolicy.com/articles/2012/11/07/time_for_a_reset_on_human_rights?page=0,1) 

In 2008, Barack Obama's election ... kill list of its own.

The US is key to global human rights protection---indefinite detention undermines US credibility.
Schulz 2009 (William Schulz, Senior Fellow, Center for American Progress, "The Future of Human Rights: Restoring America’s Leadership," www.policyarchive.org/handle/10207/bitstreams/10918.pdf)

What has been ... lack the support of others.

Credibility key to foster foreign cooperation and hegemony
Ikenberry 2004 (John, Professor of Politics and International Affairs at Princeton, “Liberal Realism: The Foundations of a Democratic Foreign Policy”, The National Interest, Fall)

The Bush Administration's disregard ... obedience into duty." 

US leadership key to defusing global threats – terrorism, pandemics, climate
Brooks, 2013
Brooks, Stephen G., Ikenberry, G. John, Wohlforth, William C., STEPHEN G. BROOKS is Associate Professor of Government at Dartmouth College. G. JOHN IKENBERRY is Albert G. Milbank Professor of Politics and International Affairs at Princeton University and Global Eminence Scholar at Kyung Hee University in Seoul. WILLIAM C. WOHLFORTH is Daniel Webster Professor of Government at Dartmouth College, Foreign Affairs, “Lean Forward”, Jan/Feb2013, Vol. 92

What goes for the global economy ... of statesmen's minds."