The U.S. Supreme Court apparently has lost interest in the difficult and important issues raised by the indefinite detention of prisoners at Guantánamo Bay, Cuba. On June 11, the Supreme Court denied review in seven cases posing unresolved questions presented by Guantánamo detainees seeking redress. There remain in Guantánamo 169 prisoners, some who have been there for more than 10 years without a trial, and they are left with no apparent legal recourse.
In 2004, in Rasul v. Bush, the Supreme Court held that Guantánamo detainees may file writs of habeas corpus in federal court. Four years later, in Boumediene v. Bush, the Supreme Court declared unconstitutional a federal law, the Military Commission Act, that barred Guantánamo detainees from having access to habeas corpus. Justice Anthony Kennedy, writing for the Court, stressed the importance of habeas corpus and of following the rule of law even in the context of fighting terrorism. But since then, the Court has refused to hear a single case brought by a Guantánamo detainee.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
