"The Supreme Court heard the first major challenge to the Bush administration's antiterror strategy today as a lawyer for prisoners at the American naval base in Cuba declared that the United States wanted to create a 'lawless enclave' there." Ted Olson responded that the U.S. is at war and its actions vis-a-vis the "enemy combatants" are correspondingly justified. The formal question before the Justices was whether federal courts have jurisdiction over the open-ended detention of noncitizens being held at the navy base at Guantánamo Bay, Cuba. I, for one, think that the question is fairly simple, if the Court is willing to rely on much maligned, yet never overruled precedent: Korematsu (standing for the proposition that, in matters of national security, substantial deference will be accorded to the federal government). The NYT has a detailed story on the history of the issue, as well as of the particulars of oral argument. You may find it here...
Comments