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FRIDAY, NOVEMBER 27, 2009
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Supreme Court Weighs Third Gitmo Case

Watershed verdict on detainees rights will help define Bush legacy

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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.

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. (AP Photo/Brennan Linsley, FILE)
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)
A detainee is moved by military guards at the detention center at Guantanamo Bay Naval Base, Cuba in this May 1, 2007 file photo. The Supreme Court is scheduled to consider whether the 300-plus prisoners held at Guantanamo, most of whom have never been charged with a crime, can go...
A detainee is moved by military guards at the detention center at Guantanamo Bay Naval Base, Cuba in this May 1, 2007 file photo. The Supreme Court is scheduled to consider whether the 300-plus prisoners...   (Associated Press)
A Guantanamo detainee sits alone inside a fenced area during his daily outside period, at Guantanamo Bay U.S. Naval Base, Cuba in the undated file photo. The Supreme Court is scheduled to consider whether the 300-plus prisoners held at Guantanamo, most of whom have never been charged with a...
A Guantanamo detainee sits alone inside a fenced area during his daily outside period, at Guantanamo Bay U.S. Naval Base, Cuba in the undated file photo. The Supreme Court is scheduled to consider whether...   (Associated Press)
A detainee walks into his cell at the detention compound on Guantanamo Bay U.S. Naval Base in Cuba, Wednesday, Oct. 10, 2007. The U.S. military is reviewing its decision to classify hundreds of Guantanamo Bay inmates as
A detainee walks into his cell at the detention compound on Guantanamo Bay U.S. Naval Base in Cuba, Wednesday, Oct. 10, 2007. The U.S. military is reviewing its decision to classify hundreds of Guantanamo...   (Associated Press)
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