The SCOTUS should take up this appealas soon as possible and end this nonsense once and for all.

Lawyers for Guantanamo detainees held more than five years without charges asked the Supreme Court Monday to step in a third time to guarantee that they can challenge their confinement in U.S. courts.

The detainees want the justices to hear their case and issue a decision before the court ends its term in early summer.


The latest Supreme Court appeal follows a federal appeals court ruling last month that limited detainees’ legal rights. The 2-1 decision by the U.S. Court of Appeals for the D.C. Circuit upheld a key provision of the Military Commissions Act, which Bush pushed through Congress last year to set up a Defense Department system to prosecute terrorism suspects. Now, detainees must prove to three-officer military panels that they don’t pose a terror threat.

7 thoughts on “Appealing

  1. But the same Supreme Court that installed George W Bullshit will back him up, you can place good money on that one. When push comes to shove, they will fall in line with the GOP talking points.

  2. So what we have here is a presumption of guilt, in essence.
    How in the name of God is this even colorably Constitutional?
    How in the name of everything we were always taught about America could this even be considered American?

  3. “Now, detainees must prove to three-officer military panels that they don’t pose a terror threat.”
    And the trial will be before the commanders of the same system which kidnapped them, and has spent 6 years protesting the circular logic that they are guilty because they’re in Gitmo because otherwise they wouldn’t be. (Not to mention the need to hold back the realization that they may have just tortured an innocent person…).
    Sounds impartial to me????

  4. As a matter of fact, hoppycalif, the Supreme Court basically made your point in the majority decision in Hamdan, saying that no one who is held in enemy hands is outside the protection of the law.
    Whereupon the spineless Congress passed a law saying just that — “enemy combatants” in Gitmo are in effect outside the protection of the law and cannot sue to challenge their detention.
    As I said, if I were a Supreme Court Justice, I would be incredibly pissed off and my next opinion would be written in words of one syllable, just to make it clear to these idiots that they are out of line and will continue to be out of line as long as they are playing games with the Constitution and the Geneva Conventions.

  5. I read the D.C. Circuit Court of Appeals (Silberman’s) in their rejection of this case ruled in part that the US did not have sovereignty over Guantanamo. I think that would be a major surprise to Mr. Castro.

  6. It isn’t remotely possible for a rational person to believe that locking up people for years, with no trials, no opportunity to challenge their detention, is constitutional. Either these detainees are prisoners of war or they are civilian crime suspects. POW’s are covered by the Geneva conventions, which dictate that they should have been released long ago. Civilians are entitled to a speedy trial on the charges against them. There is no other category for such prisoners. That Bush has not been impeached over this boggles the mind.

  7. If I were a Supreme Court Justice, I would be getting kind of annoyed that the Bush Administration seems determined to ignore my previous decisions on this issue. I would take cert on this so fast the Administration’s heads would spin, and I would move the case to the fast track so that I could smack them down once and for all — except that, given past experience, it would be very unlikely to be the final time this issue would come up.
    Shall we talk about Constitutional crises?

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