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US Supreme Court hears arguments on habeas corpus for Guantánamo prisoners

by wsws (reposted)
Thursday, December 6, 2007 :On Wednesday the US Supreme Court heard oral arguments on whether the more than 300 non-citizens presently incarcerated at Guantánamo Bay have the right to seek habeas corpus—the procedure by which a prisoner obtains judicial review of the legal basis for his detention, a bedrock democratic right dating to the Magna Carta.
The lawyers’ arguments and the questions and statements made by eight of the nine justices—Associate Justice Clarence Thomas followed his usual practice of saying nothing—revealed continuing divisions on the extent to which basic democratic rights should be dismantled in the name of the so-called “global war on terrorism.”

Associate Justice Anthony Kennedy, a conservative judge who has emerged as the swing vote, appeared to side with the four moderate associate justices, John Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer, against the hard-core right-wing bloc of Chief Justice John Roberts and associate justices Thomas, Antonin Scalia, and Joseph Alito. While there is no way to predict the court’s ruling, expected to be issued before the end of the term next June, it is unlikely to result in the immediate release of any prisoners.

The petitioners in the lead case, Boumediene v. Bush, are six Algerians arrested in Sarajevo shortly after the September 11, 2001 attacks. A companion case, Al-Odah v. Unites States of America, was brought by another 39 prisoners taken into custody in Afghanistan or Pakistan following the 2001 United States invasion of Afghanistan.

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