Habeas review granted.

Lyle Denniston reports:

In a startling turn of events in the legal combat over the war on terrorism, the Supreme Court on Friday agreed to reconsider the appeals in the Guantanamo Bay detainee cases. It vacated its April 2 order denying review of the two packets of cases. The Court then granted review, consolidated the cases, and said they would be heard in a one-hour argument in the new Term starting Oct. 1. Such a switch by the Court — from denial to rehearing and new argument and decision — may not have occurred since 1947, in Hickman v. Taylor, 329 U.S. 495, legal sources said Friday.

The order also said that new briefs will be sought, after the D.C. Circuit rules in pending cases on how judicial review is to work for detainees under the Detainee Treatment Act of 2005. The cases to be reheard by the Supreme Court are Boumediene v. Bush (06-1195) and Al Odah v. U.S. (06-1196). In those cases, the D.C. Circuit ruled on Feb. 20 that the Military Commissions Act of 2006 had stripped detainees of their rights to bring habeas challenges to their confinement. That is the ruling that the Supreme Court left intact in April, but now will move forward to review.

Posted in News. 3 Comments »

3 Responses to “Habeas review granted.”

  1. Grace Says:

    Hey! This is good news!

    By the way, I tagged you for some fun. See my place for details.


  2. psburton Says:

    the court’s behavior puzzles me,they rule against free speech in the bong hits 4 jesus case and then reverse themselves on habeas. it’s a Pity the lingering political stench Dubya will leave behind when he returns to Crawford is nothing compared to the long term effects the Republic will suffer under in those he appointed to the court.

  3. whig Says:

    You might want to see my analysis of Morse v. Frederick.

    I may not agree with the reasoning of the court in that case, but I think the decision was correct, as was their decision to grant habeas review in this case.

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