Guantánamo in the Supreme Court: Welcome Back, Welcome Back, Welcome Back
Falkoff, Marc D.
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Boumediene v. Bush is the latest of the Guantánamo detainee cases to make it to our nation’s highest court, and it will be the third time that the Justices take a metaphorical tour of Guantánamo in order to sort out some fundamental issues concerning our country’s dedication to the rule of law in the age of terror. What’s the issue in Boumediene? In simplest terms, the case is a challenge to the constitutionality of the Military Commissions Act, a statute in which Congress stripped the federal courts of the power to hear habeas corpus petitions that were filed years ago by prisoners at Guantánamo. None of these petitioners have been convicted of anything, and none have even been charged with a crime. In fact, the Pentagon has made it clear that most of these men never will be charged with anything.