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View Diary: SCOTUS: Guantanamo Detainees Have Habeas Rights (265 comments)

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  •  The review is standardized (2+ / 0-)
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    stephdray, sundancekid11

    Habeas review has its own standard of review.  There is a voluminous authority on what kind of things a judge must look at, and as a matter of fact, the filing of a habeas petition is not an unusual circumstance at all.  In fact, many persons incarcerated file petitions to have our courts review the conditions of their confinement, so the federal judiciary is quite familiar with these issues.  

    The question you are asking, i.e., will the review be appropriate, was not properly before the court.  The way it works is first they get the right to a hearing, then they can appeal the ruling if they don't like it.  This wasn't the first time that this crew has been in front of the SCOTUS and unfortunately, it won't be the last.

    Its really a shame though.  They might very well be terrorists, and if the decision was made to try them in civil court, these guys would have been convicted long ago and poked up with needles.  Too bad, I guess, that Bush and Cheney decided to make a power play around the courts...

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