Claiming that prisoners held at Guantanamo Bay have no legal right to challenge their detention in U.S. civilian, the Bush Administration is back at the Supreme Court for round three of the detainee rights debate.
Seth Waxman, former Solicitor General under Clinton, is representing the detainees, saying that some of them have been held for over six years without any hope for challenging their imprisonment. They claim that fighting the White House’s policies such as the Military Commissions Act is key to restoring habeas corpus. Basically, the administration is currently preventing foreign detainees at Guantanamo from having any chance to petition for their rights.
At this point, the argument is down to whether or not Guantanamo is considered American soil, and therefore if our laws apply there. If Guantanamo is not under American law?
Yet again, an incident of the Constitution being arbitrarily modified by the Bush Administration.
Justices Hear Arguments in Guantanamo Cases – [New York Times]