Newswise — The statement below is from Michael Greenberger, JD, director of the University of Maryland Center for Health and Homeland Security and a professor at the University of Maryland School of Law, regarding the Boumediene v. Bush case, to be heard before the Supreme Court on Wednesday, December 5th.
"While seemingly focused on a technical question of Constitutional interpretation, the Supreme Court's consideration of Boumediene v. Bush on Wednesday strikes at the heart of the Bush Administration's approach to the War on Terror. Through the Military Commissions Act of 2006, Congress, at the behest of the President, has denied Guantanamo Bay detainees the right to challenge their detention status in United States District Courts. The technical question presented to the Court is whether alien detainees held outside the sovereign United States in Guantanamo Bay, Cuba are entitled to the benefits of the Constitutional protection of habeas corpus access to federal trial courts under the so-called Suspension Clause within the U. S. Constitution. If the Bush Administration loses this case, it will almost certainly be a death knell for Guantanamo Bay as a terrorist detention facility. A ruling adverse to the Administration, while only technically giving detainees their day in Court, will almost certainly open a Pandora's Box of judicial scrutiny. The likelihood is that federal court scrutiny will not reflect well on the United States and, even the prospect of judicial review enabled by ruling adverse to the President, will quickly speed the closing of that facility to prevent disclosure of the details of U.S. detention policy. If the Administration wins, it will breathe new life into Guantanamo. A ruling of this sort, will bar in depth judicial consideration. Plans to build new and more permanent facilities there will proceed. Dozens of military commissions will begin. Doubtless, world wide criticism of the United States' detention policy will continue to build in light of the wake of a Supreme Court ruling denying district court access to the detainees."
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