This is a significant legal question. We start with the proposition that Congress controls the jurisdiction of the federal courts. Suspending a certain remedy would seem to fall within that sweep. Yet, for habeas particularly, there is an exception (to Congressional control of federal court dockets), which provides for a total ban on suspension save for instances of "rebellion and invasion" (if I recall correctly). The first question is whether our present circumstances present an instance of "invasion." With an on-the-ground, actual attack on US soil in our recent history, and with a continuing threat of repeat attacks, it is not so clear cut that the present time is not a time of "invasion." But further, beyond this exception, I would think that exception or not, Congressional "tinkering" with "core constitutional rights" must be viewed with a suspicious eye, giving the presumption of regularity to the "core constitutional principle." There is also the matter, since habeas in this context is at least a quasi-criminal concept, that the principles behind the ban on ex post facto laws (retroactive criminal laws) must be examined for any bearing on the problem.
