SCOTUS already did that. The Senate is tring to close off the line of access to civilian court system that SCOTUS opened up.
See Rasul v. Bush. 542 US 466 (2004).
Held: United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay.
"Held: United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay."
Now takes preceedence over say:
"The question now before us is whether the habeas statute confers a right to judicial review of the legality of Executive detention of aliens in a territory over which the United States exercises plenary and exclusive jurisdiction, but not "ultimate sovereignty. FOOTNOTE: 6."
I read chunks of the reference article. Paying attention to above. Part of the FOOTNOTE 6 below:
With respect to §1331, petitioners assert a variety of claims arising under the Constitution, treaties, and laws of the United States. In Eisentrager, though the Court's holding focused on §2241, its analysis spoke more broadly: "We have pointed out that the privilege of litigation has been extended to aliens, whether friendly or enemy, only because permitting their presence in the country implied protection. No such basis can be invoked here, for these prisoners at no relevant time were within any territory over which the United States is sovereign, and the scenes of their offense, their capture, their trial and their punishment were all beyond the territorial jurisdiction of any court of the United States." 339 U. S., at 777-778. That reasoning dooms petitioners' claims under §1331, at least where Congress has erected a jurisdictional bar to their raising such claims in habeas.
WE HAVE BEEN HAD ONCE AGAIN. The box is now open.