Source:
Washington Post
Justices to Weigh Detainee Rights
In Reversal, Court Agrees to Hear Case
By Robert Barnes
Washington Post Staff Writer
Saturday, June 30, 2007; A01
The Supreme Court yesterday reversed itself and agreed to consider whether detainees at Guantanamo Bay have been unfairly barred from the federal courts by the Bush administration and Congress, a move that may finally determine legal rights for foreign-born terrorism suspects.
The case, which could become one of the most important of the court's next term, will address whether subjecting the detainees to military commissions instead of allowing them access to federal courts violates the Constitution. In April, the court decided not to hear an appeal from the detainees.
Yesterday's decision to change course and hear the case was so unusual that lawyers and court experts went to the archives to try to find the last time it happened. The only consensus was that it had been decades...In April, three justices -- David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer -- said they were eager to hear the appeals, which presented questions that "deserve this court's immediate attention." It takes four justices to agree to take a case.
Justices John Paul Stevens and Anthony M. Kennedy said at the time that they would continue to monitor the legal proceedings involving the detainees. It takes five votes to rehear a denial, so perhaps the two justices concluded that they have seen enough. The court's order is silent on which justices agreed to hear the case.
Read more:
http://www.washingtonpost.com/wp-dyn/content/article/2007/06/29/AR2007062900743_pf.html
Makes you wonder what motivates these Supremes--shame, perhaps?