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SCOTUS Refuses Immediate Review Of Gitmo Habeas Claims

As discussed here, the Solicitor General adopted a narrow procedural approach to avoiding the SCOTUS hearing the Boumediene Gitmo habeas case.

The approach was successful:

"There is no need for this court to assess the adequacy of the...review before it has taken place," Solicitor General Paul Clement, the administration's top Supreme Court lawyer, wrote.

The court is likely to be faced with the same cases it rejected Monday once the appeals court begins conducting reviews. Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter voted to accept the appeals. "The questions presented are significant ones warranting our review," Breyer wrote. In addition, Breyer and Souter said they would have heard the case on a fast track, as the detainees requested.

And in a sign that the court has not had its final say on the matter, Justices Anthony Kennedy and John Paul Stevens made clear in a separate opinion that they were rejecting the appeals only on procedural grounds.

Yes, the New Age "Four Horseman" - Scalia, Thomas, Alito and Roberts, voted to not hear the appeal without reservation.

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    Link. (none / 0) (#1)
    by Gabriel Malor on Mon Apr 02, 2007 at 12:03:49 PM EST
    Sorry to bug, but your second link just goes back to the same TalkLeft post as the first. I assume you wanted to link to the denial of cert. Do you have the link? I couldn't find it on the SCOTUS website.

    Good for Justice Kennedy. (none / 0) (#2)
    by oculus on Mon Apr 02, 2007 at 08:56:44 PM EST