scotus

I’ve been following the small but growing number of lawsuits brought on behalf of torture victims against U.S. government officials for more than a year now, but the opening statement in a brief filed with the Supreme Court on Monday on behalf of four British former Guantanamo prisoners may be the most eloquent statement on [...]

The U.S. government has agreed to pay a total of $1.26 million dollars to five men who claim they were illegally detained and mistreated after the Sept. 11, 2001 terrorist attacks, as part of a settlement agreement reached between the Justice Department and the Center for Constitutional Rights.

Depending on who you ask, the sentencing yesterday of Ali Saleh Kahlah Al-Marri to eight years in prison is either evidence that the civilian federal judicial system can successfully handle terror cases, or evidence that it’s a dismal failure.
Yesterday, Jonathan Hafetz, the American Civil Liberties Union lawyer who represented Al-Marri in his challenge to military [...]

Lyle Denniston at SCOTUSblog points out that the Supreme Court’s decision to hear the case of 17 Chinese Muslim Uighur detainees who a judge ordered released into the United States will likely also force the Justices to consider the constitutionality of two bills President Obama signed yesterday.
The issue in Kiyemba v. Obama is whether the [...]

The Supreme Court just announced that it will hear the case of the Chinese Muslim Uighurs — detainees at Guantanamo Bay cleared for release but still in prison there — to decide whether a court can order the government to release detainees into the United States.

This will hardly come as a surprise to anyone who watched the confirmation hearings of Supreme Court Justice Sonia Sotomayor, in which her answers were careful to reveal as little as possible about her views on anything, but it’s still rare for a new justice to admit that her hearings were tightly scripted, with administration [...]

The law banning depictions of animal cruelty at issue in a Supreme Court argument this morning may not survive, reports Lyle Denniston at SCOTUSblog.
The federal law makes it illegal to make and sell commercially “any visual or auditory depiction” of the killing or serious abuse of a living animal so long as that conduct is [...]

A finding that the Second Amendment protects individuals’ right to own a gun could also provide more solid ground for recognition of the right to abortion, to sexual privacy, to gay marriage, and to a wide variety of other rights that conservative justices on the court and “originalist” Constitutional scholars have long opposed.

Human rights experts say there is a serious risk that some of the Guantanamo detainees cleared for release could face persecution or torture.

Maybe now we’ll finally get to find out where the high court’s newest justice, Sonia Sotomayor, really stands when it comes to whether the Second Amendment guarantees individual citizens a “right to bear arms.”
That was a contentious issue at her confirmation hearings, with Republican gun enthusiasts warning that she doesn’t support gun ownership as a [...]