Today lawyers filed a petition for certiorari in
Rasul v Myers seeking a reversal of the decision
by the DC Circuit.
The petition raises three issues--
1) Whether Guantanamo detainees are "persons"
under the Religious Freedom Restoration Act?
(The D.C. Circuit found they were not).
2) Whether there is a constitutional right for
Guantanamo detainees not to be tortured
and was it clearly established at the time?
(No and no in the D.C. Circuit)
3) Whether torture can be within the scope of
employment of a government official?
(Yes, according to the DC Cir. and
it can be expected in the course of war on terror.
We should know by October 1st whether or not
the Supreme Courthas an interest in weighing
in on this.
Many thanks to the Project to Enforce the Geneva
Conventions for posting a link to the petition.
Friday, August 22, 2008
Posted by H. Candace Gorman at 3:48 PM