The Suspension Clause of Article One does not "expressly" establish a right to the writ of "habeas corpus"; rather, it prevents Congress from restricting it. There has been much scholarly debate over whether the Clause positively establishes a right under the federal constitution, merely exists to prevent Congress from prohibiting state courts from granting the writ, or protects a pre-existing common law right enforceable by federal judges. However, in the cases of "Immigration and Naturalization Service v. St. Cyr" (2001), and "Boumediene v. Bush" (2008) the U.S. Supreme Court suggested that the Suspension Clause protects "the writ as it existed in 1789", that is, as a writ which federal judges could issue in the exercise of their common law authority.