{"id":375494,"date":"2010-03-01T10:42:17","date_gmt":"2010-03-01T15:42:17","guid":{"rendered":"http:\/\/anthonyclarkarend.com\/?p=2119"},"modified":"2010-03-01T10:42:17","modified_gmt":"2010-03-01T15:42:17","slug":"breaking-news-supreme-court-sends-uighurs%e2%80%99-case-back-to-the-d-c-circuit-court-of-appeals","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/375494","title":{"rendered":"Breaking News: Supreme Court sends Uighurs\u2019 case back to the D.C. Circuit Court of Appeals"},"content":{"rendered":"

\"\"SCOTUSblog reports<\/a>:<\/p>\n

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The Supreme Court on Monday ordered the D.C. Circuit Court to take a new look at the case testing federal judges\u2019 powers to order Guantanamo Bay detainees released from custody \u2014 a case the Justices had granted and were to hear later this month.\u00a0 In a brief order, without noted dissent, the Court said the Circuit Court was to decide \u201cwhat further proceedings in that court or in the District Court are necessary and appropriate for the full and final disposition of the case in light of\u2026new developments.\u201d\u00a0 The case is Kiyemba, et al., v. Obama,<\/em> et al. (08-1234).\u00a0 The \u201cnew developments\u201d are offers to resettle the seven Chinese Muslim Uighurs remaining at Guantanamo.<\/p>\n

The Justices\u2019 action has two immediate effects: first, it wipes out the Circuit Court\u2019s earlier ruling that federal judges have no power to order release into the U.S., even temporarily, because that is an immigration matter exclusively for the President and Congress, and, second, it means that the Justices will not have any final ruling this Term on detainee matters, putting the Court on the sidelines while the two other branches of government work out where to go next on policy involving capture and detention of individuals during the government\u2019s \u201cwar on terror.\u201d\u00a0 President Obama wants to close Guantanamo, but there are efforts in Congress to keep it open in order to assure that no detainee reaches the U.S. shores, even for further detention.\u00a0 There are also efforts on Capitol Hill to block any criminal trial in the U.S. of a Guantanamo prisoner, including those who have been charged with the 9\/11 terrorist attacks.<\/p>\n

<\/span><\/p>\n

A third effect of Monday\u2019s order very likely will be that the Court may not act this Term on a second Kiyemba<\/em> case (same title, docket 09-581) that offered another opportunity to explore the courts\u2019 authority to deal with Guantanamo captives\u2019 fate.\u00a0 That case involves some of the same individuals who appealed in the case the Court agreed to hear in October.\u00a0 (The granted case is now informally known as \u201cKiyemba I<\/em>.\u201d\u00a0 The case in 09-581 is known as \u201cKiyemba II<\/em>.\u201d)<\/div>\n<\/blockquote>\n

<\/blockquote>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

SCOTUSblog reports: The Supreme Court on Monday ordered the D.C. Circuit Court to take a new look at the case testing federal judges\u2019 powers to order Guantanamo Bay detainees released from custody \u2014 a case the Justices had granted and were to hear later this month.\u00a0 In a brief order, without noted dissent, the Court […]<\/p>\n","protected":false},"author":3977,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-375494","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/375494","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/3977"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=375494"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/375494\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=375494"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=375494"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=375494"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}