Supreme Court Hears Guantanamo Case

Update: C-Span 3 is stream and playing the audio of the hearing now (11:44 am ET). The AP now has a report, Justices Grill Detainees' Lawyer, on how the arguments went.

The Supreme Court today is hearing oral arguments in the consolidated cases of Boumediene v. Bush and Al Odah v. U.S., 06-1196 regarding the rights of Guantanamo detainees to challenge the legality of their confinement in federal courts.

Lawyers for the foreign detainees contend the courts must step in to rein in the White House and Congress, which changed the law to keep the detainee cases out of U.S. courts after earlier Supreme Court rulings. The most recent legislation, last year's Military Commissions Act, strips federal courts of their ability to hear detainee cases.

Solicitor General Paul Clement, representing the administration, said foreigners captured and held outside the United States "have no constitutional rights to petition our courts for a writ of habeas corpus," a judicial determination of the legality of detention.

The Court may have to determine whether Guantanamo Bay in Cuba is really on U.S. soil. [More...]

Another issue:

The administration also argues that panels of military officers that review the detainees' status as enemy combatants are adequate, even if the Supreme Court decides they have the right to contest their confinement.

The justices, however, decided to review the issue in June, after having turned down the detainees' appeal in April. They provided no explanation, but their action followed a declaration from a military officer who criticized Combatant Status Review Tribunals.

The Center for Constitutional Rights brought and is arguing the case before the Court. Check out their site, Beyond Guantanamo.

< Opinion Writing On The News Pages? | Jury Acquits Man Who Spent 15 Years on Death Row >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft

  • Display: Sort:
    Previously on this (none / 0) (#1)
    by Big Tent Democrat on Wed Dec 05, 2007 at 11:27:23 AM EST
    I wrote here and here.

    Thank you. (none / 0) (#2)
    by oculus on Wed Dec 05, 2007 at 01:13:36 PM EST

    Jurisdiction (none / 0) (#3)
    by Al on Wed Dec 05, 2007 at 07:53:43 PM EST
    The Court may have to determine whether Guantanamo Bay in Cuba is really on U.S. soil.

    So could they say it's really Castro's responsibility?