Supreme Court Weighs Third Gitmo Case

Watershed verdict on detainees rights will help define Bush legacy
By Jane Yager,  Newser Staff
Posted Dec 5, 2007 7:52 AM CST
In this 20006 file photo, reviewed by a US Department of Defense official, a closed cell door is seen behind a fence within Camp Delta military-run prison, at the Guantanamo Bay U.S. Naval Base, Cuba....   (Associated Press)
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(Newser) – The White House is in the hot seat today as the Supreme Court begins hearing arguments on the rights of Guantanamo Bay inmates to judicial review. Detainee cases were also considered by the court in 2004 and 2006—both rulings went against the administration—but the decision in this case, due in June, is expected to be the most decisive, the Wall Street Journal reports.

At stake is the right of prisoners to challenge their detentions before independent judges. A decision for the prisoners could open the floodgates of wrongful imprisonment claims and expose the program's secrets. A ruling against the prisoners could pave the way for the US to hold any foreigner without trial by declaring him an enemy combatant, validating the Bush approach to terrorism.