The Court postponed until a hearing on March 28 whether to dismiss a constitutional challenge to the war crimes "military commissions" set up at the Navy prison camp at Guantanamo Bay, Cuba. Chief Justice John G. Roberts, Jr., took no part in the order, thus indicating he will continue his recusal from the case. The Bush Administration contends that the newly enacted Detainee Treatment Act requires the dismissal of all pending challenges by Guantanamo detainees. (Hamdan v. Rumsfeld, 05-184).In another war on terrorism case, the Court took no action Tuesday on the appeal by Jose Padilla, a U.S. citizen challenging his capture and long-term detention as an "enemy combatant" (Padilla v. Hanft, 05-533).
http://www.scotusblog.com/movabletype/archives/2006/02/court_to_hear_p.html
Thursday, February 23, 2006
Government merits brief in Hamdan05:49 PM | Lyle Denniston | Comments (0)
The Solicitor General on Thursday filed the federal government's brief on the merits in the case challenging the war crimes "military commissions" set up for terrorism suspects at Guantanamo Bay, Cuba (Hamdan v. Rumsfeld, 05-184). The brief opens with a renewal of the government's argument that the case must be dismissed under the new Detainee Treatment Act, as well as an assertion that Hamdan has filed his challenge too early.
The summary of argument opens this way: "Petitioner's pre-trial challenge to his military commission is jurisdictionally foreclosed by the Detainee Treatment Act of 2005 and fatally premature."
The brief and appendix can be found here.
In addition, the amicus brief of Senators Graham and Kyl, supporting respondent, can be found here. An additional amicus brief supporting the government from the Criminal Justice Legal Foundation can be found here.
http://www.scotusblog.com/movabletype/archives/2006/02/government_meri_1.html