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Supreme Court Rejects Detainees' Lawsuit

The Supreme Court has rejected an appeal by the Guantanamo detainees challenging their confinement. The Court let stand a lower court decision holding that the parties that brought the suit on behalf of the detainees, a coalition of lawyers, professors and clergy, lacked standing.

The lawsuit claimed the detainees have been held without due process, have not been told the charges against them and have no access to lawyers. It said their captivity violated the U.S. Constitution and the Geneva Convention.

A federal judge in Los Angeles and the California-based appeals court had dismissed the lawsuit. The appeals court ruled the coalition failed to show any relationship with the detainees.

You can read more about the case and the initial ruling here. The full text of the lower court decision is available here.

We would be tempted to say this is an indication that had the detainees filed the suit themselves, relief might have been granted. However, that isn't how it turned out for sixteen of the detainees who filed a suit in D.C. challenging their confinement. In that case, the D.C. Court of Appeals ruled that the U.S. has no legal jurisdiction over the naval base in Cuba.

The New York Times, in an editorial on March 12, 2003, following the dismissal of the detainees' suit, wisely opined:

In refusing to let the Guantánamo detainees challenge their confinement, the administration is trampling on their rights. It is also damaging America's reputation for fairness. The administration should rethink its policies, and the Supreme Court should reverse yesterday's unfortunate decision.

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