Arlen Specter: “Well, Mr. President, it may be uninformative and it may be unclear, but it doesn't, on a statutory basis, extend the…”

“Well, Mr. President, it may be uninformative and it may be unclear, but it doesn't, on a statutory basis, extend the right to aliens. To make the contention that a reading of the statutory right of habeas corpus, which goes not beyond that language, was an attempt to extend it, and that the Court, in Rasul, was saying, well, the statute gives more rights than the Constitution, I think, is an extraordinary stretch. But I will conclude the colloquy with the contention that certainly the Great Writ, the constitutional right with all its majesty, would be no narrower than a statute. I would concede Congress could extend the statute further, but there is no indication absolutely that the Congress did intend it. And that the court of appeals' decision, distinguishing Rasul as being a statutory interpretation, and then the court of appeals saying there is no constitutional right, is thinner than tissue paper. But we will hear more from Justice Stevens, I am sure, on this point in due course.”