This is a little surprising, at least to the administration. They thought that the Supreme Court was finished with questions concerning the Guantanamo detainees and law when it ruled against the administration with Rasul v. Bush in 2004. In that case, SCOTUS pulled the rug out from underneath them saying that the courts could review the legality of the detentions.
Now, the Court is going to hear arguments as to whether the courts have jurisdiction to hear cases by detainees. Though it seems that this is almost the same case, it's much more important than the first.
The Court is addressing a constitutional issue with this case. The administration says that the president alone can determine the fate of the detainees. This time the process of government is being put into the limelight. The Court and the Congress are charged with checks and balances by the Constitution. It seems like the court, by merely hearing the case, is saying it has a sense of that process.
My personal view is that the four rightist judges are fuming. Justice Kennedy must be playing a role in saying, "We need to hear this case." Roberts, Alito, Scalia and Thomas must be having a fit. They have handed everything they can to the administration with Kennedy's help because he must have an inherent sense of fairness in law. This may just bear witness to it.
Whatever the outcome, and I have a suspicion what that will be, the fact that the process will be at work is tantamount.
we can only hope...
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