Congressional Digest

Supreme Court Debates January 2008 No. 1 Vol. 11
Foreword

Enemy Detainees

The Legality of Military Tribunals

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Foreword

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 upheld the rights of both citizens and noncitizens to…

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