• News
  • Celebrities
  • Finance
  • Crypto
  • Travel
  • Entertainment
  • Health
  • Others

Will SCOTUS Stop Congress’ Power Grab?

On Thursday, the Supreme Court will meet to decide, among other things, whether to take up the case of Kiyemba v. Obama, in which the U.S. Circuit Court of Appeals in Washington, D.C., ruled that federal courts do not have the power to order any Guantanamo detainees released into the United States.

As Lyle Denniston at SCOTUSblog noted earlier this week, the appeal by lawyers for 13 Chinese Muslim Uighur prisoners still held at Guantanamo Bay years after being cleared for release, would test the scope of the court’s ruling in the landmark case of Boumediene v. Bush that Guantanamo detainees have a right to challenge their indefinite imprisonment.

The real question is: Does the right to habeas corpus have any meaning if the courts can’t order the prisoners released?

Meanwhile, as Denniston also points out, Congress has already taken significant measures to take that power over Gitmo detainees into its own hands. The new defense budget sent to President Obama last week specifically bars any spending towards the release of any Guantanamo prisoners into the United States. It also restricts the president’s ability to release prisoners to any other country and he must send Congress a secret report on his plans 15 days before transfer.

The effect of these budgetary constraints on the president is, writes SCOTUSblog, “to restrict in major ways the President’s use of his powers under Article II” and also to restrict the power of the federal courts – the power at issue in Kiyemba. It could even control what happens to the rest of the Uighurs involved in that case. (Four, as we know, were recently transferred to Bermuda.)

The Obama administration is expected to notify the Supreme Court before Thursday that it will sign the new spending bill, “perhaps to reinforce its earlier argument that the Court should deny review” of Kiyemba, speculates SCOTUSblog.

The odd thing is, while Kiyemba left complete power over the detainees to the president — which is why he doesn’t want the Supreme Court to consider reversing it — the spending bill hands that power to Congress.

If the Supreme Court does agree to hear and decide the *Kiyemba *case, it could reverse the decision and confirm that judges have the authority to order prisoners released, thereby affirming the role of the federal courts. But if it denies review and lets the decision stand, the effect, oddly, may be to hand to Congress virtually unlimited authority over the fate of the more than 200 remaining Guantanamo prisoners.

Discussion & Comments (0)

    Recent Articles

    • Things You Should Know about North America

      Things You Should Know about North America

      Get to know more about North America.

    • Eurovision 2010 Paula Seling Unpredictable Contest

      Eurovision 2010 Paula Seling Unpredictable Contest

      Paula Seling's experience on the Eurovision stage led her to declare that "Eurovision is an unpredictable contest". Which may explain the success of the young Lena from Germany, about whom the predictions before the event did not offer much chances for victory.

    • VIPRow.me - The Best Sports Streaming Website Today

      VIPRow.me - The Best Sports Streaming Website Today

      Have you ever contemplated creating a user-friendly site dedicated to sports-related free live streaming channels?

    • Learn How To Download, Install, And Use The Xnxubd 2022 Frame App

      Learn How To Download, Install, And Use The Xnxubd 2022 Frame App

      XNXUBD 2022 Nvidia users are able to watch thousands of videos and other contents online. XNXUBD 2022 Nvidia New is a piece of software that enables people to watch videos online without having to pay for memberships. On a graphics card, the XNXubd also provides some of the best gaming and virtual reality experiences.

    • Xvideostudio Video Editor Apk Free Download For Pc Full Version In 2022

      Xvideostudio Video Editor Apk Free Download For Pc Full Version In 2022

      A new edition of the Video Editor Apk for xVideostudio.Video Studio has all the latest features, including support for multiple video download formats in HD, FHD, and even 4K resolutions.

    • 9 Best Lotion For Masturbation - Popular Choice For 2022

      9 Best Lotion For Masturbation - Popular Choice For 2022

      Masturbation is a common activity for men and women. It's a natural and risk-free way to explore your body, experience pleasure, and release sexual tension.

    • Reasons Why You Need To Stop Watching Movies From Sflix

      Reasons Why You Need To Stop Watching Movies From Sflix

      Without having to sign up or pay anything, you can watch movies online for free with SFlix. It has more than 10,000 movies and television shows.

    • Coi Leray Mom And Dad's Family History & Wife, Explained

      Coi Leray Mom And Dad's Family History & Wife, Explained

      Coi Leray Collins (born May 11, 1997) is a rapper from the United States. Leray started publishing songs to SoundCloud in 2014, and in 2018 she released her breakthrough track "Huddy" as well as her first mixtape, Everythingcoz.

    • Listen And Download Music On MyFreeMP3 For Free

      Listen And Download Music On MyFreeMP3 For Free

      Are you in a bind and looking for a place to obtain free mp3 songs? Never again will you need to bother, since this article has everything necessary to obtain your solution. Download free music from MyfreeMP3.com, one of the world's most popular websites.