June 29, 2007
The Supreme Court has rejected the Bush administration's arguments and have decided to revisit whether Guantanamo Bay detainees can use the civilian court system to challenge their indefinite confinement.
The court is reversing course after already turning down an identical request in April, though two justices indicated that they could have been persuaded otherwise.
The court had no comment for why the suddenly had a change of heart on the issue. But last week, lawyers for the detainees filed a statement from a military officer in which he described the inadequacy of the process the U.S. military has been using for the past four years to classify the detainees as enemy combatants.
The Bush administration says that the new law strips civilian courts of their jurisdiction to hear detainee cases. The decision to grant a rehearing of a previously denied case is rare. Court observers pointed to a 1968 case as the closest parallel to what has happened.