Appeals Court Whimps Out

The court of appeals has sided with Bush in refusing to strike down a law denying Federal courts the ability to review the cases of Gitmo detainees.

Twice before the United States Supreme Court has ruled that federal courts may consider habeas corpus petitions by the Guantanamo Bay detainees. In response to those decisions, Congress has twice rewritten the law in an attempt to limit the avenues of appeal by the detainees.

The most recent revision to the law, at issue in today’s decision, was signed by President Bush last October. It eliminated the jurisdiction of federal courts over habeas challenges by any non-citizens held as enemy combatants, and set up a military review for the prisoners at Guantanamo, with limited right of appeal to the federal courts afterwards.

We’ll see what the Supremes say. Surely it’s impossible that the Administration has figured out an end run around the Constitution that’s as simple as holding people in Cuba.

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