Two-track review of Detainee Act’s impact
on Jan 14, 2006 at 6:10 pm
The federal courts’ review of the impact of the new Detainee Treatment Act on the pending cases of terrorism suspects held at Guantanamo Bay, Cuba, will now go forward on two tracks: in the Supreme Court and in the D.C. Circuit Court.
The issue already was before the Supreme Court, with the Bush Administration’s motion last week urging the Justices to dismiss the case of Salim Ahmed Hamdan on the theory that the Detainee Act ends all existing detainees’ challenges. Thus, the Court will be determining whether it has lost jurisdiction over that case (Hamdan v. Rumsfeld, 05-184).
Late on Friday, the D.C. Circuit issued brief orders refusing to stand by to await the Supreme Court’s reaction to the jurisdictional dispute. Instead, the appeals court set up a new briefing schedule that will put the jurisdictional question before it in two packets of cases by the first of the month. Without explanation, the Circuit Court panel denied the detainees’ motion to defer briefing on that question, and instead ordered the government’s brief to come in next Wednesday, the detainees’ briefs a week later, and the government’s reply on Feb. 1.
These orders — issued in identical form in Boumedienne v. Bush (05-5062) and in Al Odah v. U.S. (05-5064) — sided with the government’s position. This dispute is discussed at greater length in the post just below.
The text of the two orders was not available, but here is the clerk’s notation of them on the D.C. Circuit’s dockets:
“1/13/06 PER CURIAM ORDER filed [942774] denying motion extend time [942765-1]; Further Ordered that motion to approve proposed briefing schedule be granted. The following briefing schedule now applies: [942774-1]: Federal Appellees’ Supplemental Brief due 1/18/06; Appellants’ Supplemental Briefs due 1/25/06;’ Federal Appellees’ Reply brief due 2/1/06. Before Judges Sentelle, Randolph, Rogers. [Entry date: 1/13/06] [05-5062, 05-5064] (lej) [05-5062 05-5064]”
