http://www.scotusblog.com/wp/analysis-government-seeks-narrow-review-on-detainees/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 http://www.scotusblog.com/wp/analysis-government-seeks-narrow-review-on-detainees/comment-page-1/#comment-10963 Andrew Oh-Willeke Thu, 01 Mar 2007 21:09:40 +0000 http://www.scotusblog.com/wp/uncategorized/analysis-government-seeks-narrow-review-on-detainees/#comment-10963 Of all the government arguments, "Requiring [Hamdan and Khadr] to await the outcome of their prosecution to challenge the constitutionality of the MCA places them in the same position as the vast majority of criminal defendants facing trail before courts that presumptively have jurisdiction," has the most chutzpah, as this very same argument was made in the Hamdam case, and IIRC received strong skepticism in oral argument and was ultimately rejected on the merits. Of all the government arguments, “Requiring [Hamdan and Khadr] to await the outcome of their prosecution to challenge the constitutionality of the MCA places them in the same position as the vast majority of criminal defendants facing trail before courts that presumptively have jurisdiction,” has the most chutzpah, as this very same argument was made in the Hamdam case, and IIRC received strong skepticism in oral argument and was ultimately rejected on the merits.

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