by TChris

Solicitor General Ted Olson, speaking for the Bush administration, has filed a brief with the Supreme Court asking the Court to uphold the administration's right to detain indefinitely any foreigner that it captures and holds on foreign soil. Granting those individuals access to our courts, Olson says, "not only would be very damaging to the military's ability to win the war, but [would] no doubt be highly comforting to the enemies of the United States."

Showing the "enemies" of the United States that the United States treats every person fairly (even those the administration regards as "enemy captives") might promote respect for our government, but it is difficult to understand how that "comforts" terrorists or interferes with the military's ability to wage war. While Olson argues that giving detainees access to courts "almost certainly would lead to the filing of scores if not hundreds of follow-up actions by the relatives of other aliens held at Guantanamo," that is true only because the United States has chosen to detain hundreds of individuals at Guantanamo and other overseas military bases. Is it the administration's goal to detain even more people to further an argument that granting them access to the courts would be unduly burdensome?

The notion that the executive branch of government is entitled to detain someone forever, with no judicial review to determine whether the detention is supported by reasoning or evidence, is repugnant to the values that define our nation.

The Court will hear argument in the case next month.