Monday, May 14, 2007

Detention Law

Lyle Denniston at SCOTUSblog has compiled a primer (part 1 and part 2) on the law affecting U.S. detainees in Guantanamo Bay and elsewhere, following the recent Supreme Court decisions and Congress enacting the Military Commissions Act.

Here is the intro:
No part of the Bush Administration's campaign against terrorism has drawn more sustained challenge -- legally, politically and diplomatically -- than its policy on handling of individuals who are captured and then held in detention for prolonged periods, usually outside the U.S. mainland. Four times, the Supreme Court has reviewed facets of this policy, leading to changes or to entirely new detainee review procedures in the military or in civilian courts. More recently, however, the Court or Chief Justice John G. Roberts, Jr., acting alone, have refused to hear or have rejected new challenges by detainees' lawyers. As a result, the detainees' legal fate in coming months will rest largely (though not exclusively) in the hands of lower courts.

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