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Monday, March 05, 2007

Supreme Court rejects expedited review of Military Commissions Act challenge
Jeannie Shawl at 10:20 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] Monday refused to expedite its consideration of a petition for a writ of certiorari filed by Guantanamo Bay detainees seeking review of the 2006 Military Commissions Act (MCA) [PDF text; JURIST news archive]. Two Guantanamo detainees, Salim Ahmed Hamdan and Omar Khadr [Trial Watch profiles], filed the motion to expedite [PDF text; JURIST report] last week, asking the Court to review the MCA provision which prevents federal courts from hearing detainees' habeas corpus challenges. The detainees asked the court to review the habeas-stripping provision as it was applied in two separate cases: the US Court of Appeals for the DC Circuit last month upheld the dismissal of many habeas cases [JURIST report], and a district judge last December dismissed Hamdan's habeas appeal [JURIST report], finding the district court lacked jurisdiction due to the court-stripping provision. Lawyers for the detainees had hoped that the court would grant certiorari in the appeal and would schedule oral arguments for the current term.

According to Monday's Supreme Court order list [PDF text], Justices Souter and Breyer would have granted the motion to expedite consideration of the certiorari petition.

4:59 PM ET - In a separate appeal of last month's ruling [PDF text] from the US Court of Appeals for the DC Circuit upholding the habeas-stripping provision of the MCA as applied to "enemy combatants," lawyers from the New York-based Center for Constitutional Rights asked the Supreme Court Monday to review the appeals court's decision. Along with the petition for certiorari [PDF text; appendix, PDF; CCR press release], lawyers for the detainees also filed a motion to expedite [PDF text], asking the Supreme Court to hold oral arguments in the case in early May. AP has more. SCOTUSblog has additional coverage.

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