A synopsis by Eric Freedman:
The Supreme Court on Monday denied review in two new Guantanamo detainee cases. Three Justices dissented, and two others wrote separately about the denial. Had all five of those Justices voted for review, of course, tthe cases would have been granted.
The two who filed a separate "statement," Justices John Paul Stevens and Anthony M. Kennedy, said that the Court had passed up review to avoid deciding constitutional issues before the detainees had used their available remedies under federal law. They warned, however, that if the government later is found to have engaged in "unreasonable" delay of those remedies, or caused "some other and ongoing injury," then "alternative means exist for us to consider our jurisdiction" over the detainees' allegations. They added that the Court's denial of review does not amount to an expression of "any opinion" on the merits of the detainee claims.
Justice Stephen G. Breyer, joined by Justices David H. Souter and Ruth Bader Ginsburg, dissented from the denial. Breyer and Souter also said they would not only grant review, but expedite it.
The Court did not grant review of any new cases.
Also, from the AP wire.
- Adrian Bleifuss Prados