Semper Liberi

Wednesday, February 15, 2006

Hamdan v. Rumsfeld Down the Tubes

It looks like SCOTUS will probably grant a government motion to dismiss (not a disposition on the merits, but essentially a reversal of the grant of certiorari) in Hamdan v. Rumsfeld, the challenge of a Gitmo prisoner to being detained indefinitely without charges. The Court had granted cert. back when Hamdan was still be held in military custody, but the government transferred him to the civilian federal court system in order to avoid SCOTUS review of whether non-U.S. citizens or residents (ie. enemy combatants from outside the U.S.) are entitled to any protections under the U.S. Constitution. Hamdan's lawyers are still trying to keep the appeal alive, arguing that various issues surrounding the right to habeas corpus are still in play. However, given the Court's historic reluctance to interpose itself in matters of how the federal government deals with captives captured in military conflict, it's highly doubtful that the Court will continue to hear the case.

More details on the progress of the case here.

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