The Supreme Court and Detainee Litigation
Today we take up the Supreme Court’s holdings relating to the rights of war-on-terror detainees, and its decision to stay out of this controversy so far this Term. In OT07, the Court decided two significant detainee cases, Boumediene v. Bush and Munaf v. Geren. Since then, the Court has said little on the topic of detainee rights, and the D.C. Circuit has held that under Munaf, detainees have little, if any, judicial recourse to unlawful detention. Although the detainees have mounted a series of challenges to the D.C. Circuit’s rule, the Supreme Court has not yet agreed to hear any of them. In the threads below, please post your thoughts on the status and prospects for detainees, and also comment on the Court’s decision to deny review in this Term’s detainee cases.