April 2, 2007

HARDLY PERSONAL:

Victory for Bush - U.S. Supreme Court will not decide legal rights of Guantanamo prisoners (DAVID GARDNER, 2nd April 2007, Daily Mail)

The U.S. Supreme Court has rejected an appeal from Guantanamo Bay detainees who want to mount a court challenge to their five-year-long confinement
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America's Supreme Court handed President George Bush a victory by rebuffing the latest attempt by prisoners at Guantanamo Bay to challenge in U.S. courts their continued detention.

The terror suspects held in the camp on Cuba appealed to the country's top court for the right to have their cases heard in a U.S. courtroom.

But the judges voted by a 6-3 majority not to intervene in the long-running legal battle, saying the detainees jumped the gun in appealing to the nation's highest court.

The verdict was seen in Washington as a major victory in President Bush's hard line judicial strategy in the war on terror.


Victory for the West, rather.

Posted by Orrin Judd at April 2, 2007 10:22 PM
Comments

Big whup. Cert denied, presumably on ripeness.

Does anyone know the cite or style of this case? It wouold be good if we could read the lower court opinion and find out what it's about.

Posted by: Lou Gots at April 3, 2007 8:18 AM

The article tells us little. The Supreme court simply denied cert. A "statement" by Stevens and Kennedy, JJ, explains that their denial was based on the petitioners not having exhausted theier remedies before filieng a Habeas petition. The dissent would have granteed cert on grounds of unreasonable delay.

The lower court (D.C. Circuit) opinion contains a very helpful exposition of the Detainee Treatment Act of 2005 and of the Military Commision Act of 2006 and is recommended to anyone who wishes to expand his or her knowledge of the law in this area.
http://opinionjournal.com/editorial/feature.html?id=110009890

Posted by: Lou Gots at April 3, 2007 9:10 AM

Gol-dang computers!

The correct link for that D.C. Cir. opinion is
http://pacer.cadc.uscourts.gov/docs/common/opinions/200702/05-5062b.pdf

Sorry for the confusion.

Posted by: Lou Gots at April 3, 2007 11:45 AM
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