Court weighs whether to rule on Cuba detainees

[Judi Lynn]

Posted 11/9/2003 9:50 PM Updated 11/10/2003 5:24 AM


Court weighs whether to rule on Cuba detainees
By Richard Willing, USA TODAY
WASHINGTON — The Supreme Court could announce as early as Monday whether it will consider a question that tests a key part of the Bush administration's strategy in the war on terrorism: Is it legal to detain suspects indefinitely at a naval base in Cuba?
The court is expected to say whether it will hear the appeals of two Australians, two Britons and 12 Kuwaitis who are among 660 suspected Taliban and al-Qaeda associates held at Guantanamo Bay, Cuba.

The men, picked up in Afghanistan and Pakistan in 2001 and 2002, argue that they are entitled to either be released, or to be charged with crimes and be allowed to consult with lawyers.

The government says that because the men are held outside the United States, the federal court system has no jurisdiction over them and cannot tell the executive branch how to treat them.

The appeals are the first of several upcoming cases that could put the high court in position to determine the rights of enemy prisoners during wartime, something it has been reluctant to do.
snip/...)

http://www.usatoday.com/news/washington/2003-11-09-court-cuba_x.htm

[Paschall]

1. Am I correct in assuming...

...if the SCOTUS refuses to hear this case, the next recourse would be before the International Criminal Court?

[DUreader]

2. UN, ICC yeah I guess, but it would be symbolic recourse

[DUreader]

3. How About Private Prison Corp. in Can. or Mex. NAFTA Chap. 11 Lawsuit ?

That would be amusing

[kayell]

4. Other cases up soon too

The article also talks about some other cases that they SCOTUS will be deciding whether or not to hear - Jose Padilla and Yaser Hamdi. Does anyone know the liklihood of their hearing any of these cases? 4 judges required to accept hearing a case? Will the 4 "liberal" judges want to accept these, or would they be so afraid that the Scalia 5 would support the BFEE line that they would want to avoid the precedent?

[hang a left]

5. I just have this feeling inside that they are gonna hear it. Al Gore

discussed this yesterday in his speech. It is on the tip of everyones mind, at least the ones that watched Al. They absolutely HAVE to. Maybe my feeling is "false hope" or it could be gas.