Greenhouse Previews Hamdan Argument
On Tuesday, the Supreme Court will hear Salim Ahmed Hamdan's plea for federal court review of his indefinite detention as an enemy combatant. TalkLeft background regarding Hamdan's case is collected in this post. Linda Greenhouse previews the arguments here.
Before the Court considers whether Hamdan is entitled to habeas corpus relief, it must decide whether it has jurisdiction to hear Hamdan's case. As TalkLeft predicted here, the Bush administration is arguing that the Detainee Treatment Act stripped the Court's ability to hear requests for relief from Guantanamo detainees -- including those, like Hamdan, who filed a petition before the DTA took effect.
Having participated in the
Fourth D.C. Circuit's resolution of Hamdan's appeal, Chief Justice Roberts recused himself, raising the possibility of a 4-4 tie. Greenhouse asks an intriguing question: does a tie favor the exercise or the loss of jurisdiction?
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