US top court to decide Guantanamo cases

Reuters ^ | 11/10/2003 | Reuters

[Sgt_Schultze]

The whole of clause 2 states:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The portion before the bold refers to the areas where the SC has original jurisdiction. The bold portion refers to the other cases previously mentioned - in Clause 1. The SC can have either original jurisdiction or appelate jurisdiction. Since this area is not mentioned in the area concerning original jurisdiction, it must be covered under the portion relating to appelate jurisdiction.

One would think that the SC cannot just reach out and hear the case without establishing its original jurisdictional claim.

[mrsmith]

"We just may see an impeachment in our lifetime if they do. "

Should be: "We just may see an impeachment of a Supreme Court Justice in our lifetime if they do."

The Senate won't let the Supreme Court rewrite treaties- which IMO they would have to do to have jurisdiction. Heck, I think most of the Justices are aware of that.
Congress has written no law to give unlawful combatants any standing.

[kkindt]

WHat could happen - and the best scenario - is that the 5-4 court rules against Bush - then Bush appeals to the Senate to pass by majority vote that the Supreme Court DOES NOT have jurisdiction per this particular article in the Constitution and then set the precedent that the COngrees NOT The Supreme Court determines what jurisdiction it really has - this would be a great thing to happen and slap down the liberal court where it belongs.

[Kafeen]

Very simple. The detainees never touched U.S. Soil, so they do not get to use our U.S. Courts.

Refer to : The Supreme Court Ruling in 1950's Johnson vs. Eisentrager. 21 prisoners requested habeas corpus. They got denied. The U.S. courts had no jurisdiction. Even thought the federal courts appealed the Supreme Courts reversed the appeals "the privilege of litigation" did not extend to the 21 Germans, who had never been held on U.S. soil.

Sorry Supreme Court, you better talk to the United Nations in order to get jurisdiction.

Alternative, trial the detainees in the ICC.