Court Backs White House on Detainees
A federal appeals court today upheld the constitutionality of a new law that strips federal courts of the authority to review the cases of foreign prisoners held by the military at the Guantánamo Bay Naval Base in Cuba.
Twice before the United States Supreme Court has ruled that federal courts may consider habeas corpus petitions by the Guantánamo Bay detainees. In response to those decisions, Congress has twice rewritten the law in an attempt to limit the avenues of appeal by the detainees.
The most recent revision to the law, at issue in today’s decision, was signed by President Bush last October. It eliminated the jurisdiction of federal courts over habeas challenges by any non-citizens held as enemy combatants, and set up a military review for the prisoners at Guantánamo, with limited right of appeal to the federal courts afterwards.
By a 2-to-1 vote, the United States Court of Appeals for the District of Columbia found that the law, the Military Commissions Act of 2006, did not violate a provision in Article 1 of the Constitution that prevents the government from suspending habeas corpus — the right of a detained person to challenge the legality of the detention — except in “cases of rebellion or invasion.” STEPHEN LABATON in The New York Times.