Excerpt
(Excerpted from Supreme Court Debates, January 2008)
Ever since the United States began sending suspected terrorists to its naval base in Guantánamo Bay, Cuba, in late 2001, Federal courts have been embroiled in battles over the constitutionality of the detentions and the rights of the detainees to challenge their incarceration. And every time a detainee has won a major court battle, Congress has stepped in to adjust the law and limit the scope of the victory.
Twice over the past four years, the U.S. Supreme Court has heard cases relating to Guantánamo Bay detentions, issuing decisions that have uph…
In This Issue
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Foreword
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Enemy Combatant Detainees
Overview of Recent Supreme Court Action
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Lower Court Holding
Decision of the District of Columbia U.S. Court of Appeals
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Before the Court
The Justices Weigh in During Oral Arguments
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Opinion of the Court
Non-American Detainees in Guantánamo Bay Can Challenge Confinement in Federal Court
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Pro & Con
Can Congress Strip Federal Courts of Jurisdiction Over Foreign Citizens Indefinitely Detained by the United States as Enemy Combatants?