Guantanamore

The Guantanamo Bay prison detainees suspected of being “enemy combatants” suffered a major legal blow last week when the Supreme Court declined to grant a writ of certiorari and hear their case. The detainees were arguing that the Military Commissions Act (MCA), enacted by Congress last year, is unconstitutional because it strips them of their habeas corpus rights. Although the detainees have won a series of victories at the Supreme Court up till now, it doesn’t seem to be helping them. As Marty Lederman explains, the Court’s decision still leaves the detainees with a chance to contest their imprisonment, but that could be a year or two down the road—and most have already been confined at Guantanamo for more than five years.