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Entries for November 10th, 2003

SCOTUS Will Hear Gitmo Appeals

The Supreme Court has accepted its first cases relating to detainees at Guantanmo since September 11th. This particular appeal has to do with foreigners’ access to American courts.

The appeals came from British, Australian and Kuwaiti citizens held with more than 600 others suspected of being Taliban or al-Qaida foot soldiers. The court combined the appeals and will hear the consolidated case sometime next year.

Lower courts had found that the American civilian court system did not have authority to hear the men’s complaints about their treatment.

“The United States has created a prison on Guantanamo Bay that operates entirely outside the law,” lawyers for British and Australian detainees argued in asking the high court to take the case.

“Within the walls of this prison, foreign nationals may be held indefinitely, without charges or evidence of wrongdoing, without access to family, friends or legal counsel, and with no opportunity to establish their innocence,” they maintained.

The men whose names are on that case do not even know about the lawsuit, lawyers from the New York-based Center for Constitutional Rights told the court. The lawsuit brought on their behalf claims they are not al-Qaida members and had no involvement in the terrorist attacks of Sept. 11, 2001.

Hopefully, this is only the beginning of judicial review on the activities at Gitmo.

UPDATE:

  • Eugene Volokh believes the Court will hold that US courts do have jurisdiction in such cases.
  • TalkLeft notes the development as well.
  • How Many Scores?

    The Montgomery Advertiser reports this morning that “Scores Attend Prayer Vigil for Moore”. Based on the television coverage, I would say exactly two scores (40 people) were at the vigil. According to their own reporting it was about 2 1/2 to 3 score.

    She was among about 50-75 supporters of suspended Alabama Supreme Court Chief Justice Roy Moore who gathered in front of the Alabama Judicial Building at the vigil led by the Rev. Patrick Mahoney, director of the Christian Defense Coalition, and Alabama Christian Coalition President John Giles.

    The five-city tour went to Birmingham on Sunday evening and is due back in Montgomery on Wednesday, where Mahoney invited pro-Moore forces to gather for prayer at 7:30 a.m.

    Moore will be tried before the Court of the Judiciary, beginning Wednesday, for failing to obey a federal judge’s ruling to remove his Ten Commandments monument from the rotunda of the state’s Judicial Building, and he could be removed from office if found guilty.

    The vigil that took place Sunday was aimed at changing the minds of Court of Judiciary members.

    Giles and Mahoney said they told supporters that if even one judiciary member decided to support Moore, the chief justice could not be removed from the bench.

    It’s nice to know that Moore believes in jury nullification. If he somehow remains on the bench, I am sure this will be a very effective strategy for those who appear before him in the future. I know I am ready for this circus to end. Thankfully, the end is near.