This provision applies to all cases pending at the time the Act is enacted, as well as to all such future cases. If the government chooses to bring a prosecution against the detainee, a military commission is convened for this purpose. The following rules are some of those established for trying alien unlawful enemy combatants. (b) NOTICE TO ACCUSED—Upon the swearing of the charges and specifications in accordance with subsection (a), the accused shall be informed of the charges against him as soon as practicable. The Act also contains provisions (often referred to as the "habeas provisions") removing access to the courts for any alien detained by the United States government who is determined to be an enemy combatant, or who is 'awaiting determination' regarding enemy combatant status. This allows the United States government to detain such aliens indefinitely without prosecuting them in any manner. These provisions are as follows:  Among other things, the MCA created the position of Chief Defense Counsel (United States). In "Boumediene v. Bush" (2008), the US Supreme Court held that the MCA was unconstitutional as it restricted detainees' use of habeas corpus and access to the federal courts. It determined that detainees could have access to federal courts to hear habeas corpus petitions, to restore the protection of the Constitution. The Military Commissions Act of 2009 amended some of the provisions of the 2006 Act to improve protections for defendants. The American Civil Liberties Union summarized the positive aspects as "restricting coerced and hearsay evidence and providing greater defense counsel resources." Overall, it argued that the law as amended still fell "short of providing the due process required by the Constitution." There is a controversy over whether this law affects the rights of habeas corpus for United States citizens. The text of the law states that its "purpose" is to "establish procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission." While the most controversial provisions in the law refer to "alien unlawful enemy combatants", section 948a refers to "unlawful enemy combatants" (not explicitly excluding US citizens). Cato Institute legal scholar Robert A. Levy writes that the Act denies habeas rights only to aliens, and that US citizens detained as "unlawful combatants" would still have habeas rights with which to challenge their indefinite detention. While formally opposed to the Act, Human Rights Watch has also concluded that the new law limits the scope of trials by military commissions to non-US citizens including all legal aliens.