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Supreme Court to Hear Guantanamo Appeals


— November 10, 2003

The Supreme Court on Monday took on the first of what could be several constitutional challenges stemming from the war on terrorism, agreeing to decide whether aliens detained at the U.S. naval base at Guantanamo Bay in Cuba can turn to the U.S. courts for habeas corpus review.

Two joined cases accepted by the Court, Rasul v. Bush, No. 03-334, and Al Odah v. United States, No. 03-343, will pose a critical test of the Supreme Court’s historic deference to the wishes of the executive branch in times of war.

“This is a great first case for the Court to take,” says University of Maryland School of Law professor Michael Greenberger, who is tracking the anti-terrorism cases before the Court. “It is one of the major international law issues that have been raised, and it is a wonderful vehicle for the Court to consider the balance between national security and due process.”

Tony Mauro of Legal Times has the news here.

UPDATE: SCOTUSblog now has a post about the cases, including links to many of the briefs, here. And the New York Times reports on them tomorrow here (free reg req’d). The Washington Post weighs in here.


The Supreme Court on Monday took on the first of what could be several constitutional challenges stemming from the war on terrorism, agreeing to decide whether aliens detained at the U.S. naval base at Guantanamo Bay in Cuba can turn to the U.S. courts for habeas corpus review.

Two joined cases accepted by the Court, Rasul v. Bush, No. 03-334, and Al Odah v. United States, No. 03-343, will pose a critical test of the Supreme Court’s historic deference to the wishes of the executive branch in times of war.

“This is a great first case for the Court to take,” says University of Maryland School of Law professor Michael Greenberger, who is tracking the anti-terrorism cases before the Court. “It is one of the major international law issues that have been raised, and it is a wonderful vehicle for the Court to consider the balance between national security and due process.”

Tony Mauro of Legal Times has the news here.

UPDATE: SCOTUSblog now has a post about the cases, including links to many of the briefs, here. And the New York Times reports on them tomorrow here (free reg req’d). The Washington Post weighs in here.

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