SCOTUS Rejects Guantanamo Leave Application

The US Supreme Court has declined to hear an appeal attacking the constitutionality of a provision in federal legislation providing that detainees in Guantanamo cannot challenge their detentions in US civil courts. Three judges — Breyer, Souter and Ginsbert, JJ. — dissented; and two of the majority rejected the application on procedural grounds.

According to a report by BBC News:

The court’s majority opinion was that “the will of Congress” should prevail and that habeas corpus did not apply to foreign nationals being held at Guantanamo Bay because it is not US soil.

See also the Reuters report in The Irish Times.

I haven’t yet been able to find the decision online, but will add the URL in a comment when I can.


  1. Simon the statements by the dissenters are at
    Chalk that one up to the administration – but the White House cannot be happy about the global warming environmental decision today – Massachusetts v. EPA at

  2. The statement of Justices Stevens and Kennedy, who formed part of the majority refusing cert. are here: