Guantanamo hearings set in Circuit Court
on Jul 7, 2005 at 6:31 pm
(This is one of a continuing series of reports on the aftermath of the Supreme Court’s June 28, 2004, ruling in one of the war on terrorism cases, Rasul/Al Odah v. U.S.)
Two of President Bush’s nominees to federal appeals judgeships — both challenged by Democrats in the Senate — now have a pair of major cases assigned to them early in their careers. The cases involve the challenges to the war-on-terrorism detentions of hundreds of foreign nationals at the Guantanamo, Cuba, Naval base. The two judges are Janice Rogers Brown and Thomas B. Griffith.
Newly placed on the D.C. Circuit last month, after a Senate deadlock on judgeships had been broken in May, they will be on the three-judge panel that will hold two back-to-back hearings on those cases on Thursday, October 6. The Circuit Court issued orders on Wednesday setting the hearing date. The orders did not specify an allocation of argument time. All briefing has been completed in those cases. (Thanks to Richard Samp of Washington Legal Foundation for the tip on the hearing orders.) Both cases are expected ultimately to go on to the Supreme Court.
Brown and Griffith, chosen at random for the assignment, will join Judge Judith W. Rogers, a 1994 appointee of President Clinton, on the panel.
The two cases are tests of the government’s attempt to deny all rights to the terrorist suspects being held at Guantanamo. The Bush Administration achieved a complete victory on that question on January 19 in a ruling by U.S. District Judge Richard J. Leon in Washington, D.C. But, on January 31, another District judge in Washington, Joyce Hens Green, broadly disagreed with Leon, and ruled that the detainees “possess enforceable constitutional rights.”
Judge Leon’s ruling is being reviewed by the Circuit Court in two consolidated cases (the lead case is Boumediene v. Bush, 05-5062) and Judge Green’s decision is being reviewed by that Court in 23 consolidated cases (the lead case is Al Odah v. U.S., 05-5064).
The Supreme Court ruled June 28 of last year that the detainees have a right to file habeas challenges in court to their prolonged detention in a military prison camp. It did not specify what rights, if any, would emerge from that habeas review.
