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Posted on 06/29/2007 8:56:02 AM PDT by stm
WASHINGTON The Supreme Court, reversing course, agreed Friday to review whether Guantanamo Bay detainees may go to federal court to challenge their indefinite confinement.
The action, announced without comment along with other end-of-term orders, is a setback for the Bush administration. It had argued that a new law strips courts of their jurisdiction to hear detainee cases.
In April, the court turned down an identical request, although several justices indicated they could be persuaded otherwise.
The move is highly unusual.
The court did not indicate what changed the justices' minds about considering the issue. But last week, lawyers for the detainees filed a statement from a military lawyer in which he described the inadequacy of the process the administration has put forward as an alternative to a full-blown review by civilian courts.
The White House continued to back its legal stance.
"We did not think that court review at this time was necessary, but we are confident in our legal position," said Gordon Johndroe, a spokesman for the National Security Council, said Thursday.
(Excerpt) Read more at foxnews.com ...
my guess is that this was payback for Kennedy on the 5-4 decisions this week.
They may have decided to actually say no, instead of refusing again and again to hear the case.
Or, who knows what Kennedy will do next? The guy is way over his head.
When have American POWs ever been able to contest their confinement?
My thoughts, too. I think after the 5-4 decisions this week, five justices feel confident enough on this issue that they are going to issue a final, definitive ruling on this issue and lay it to rest once and for all.
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