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Tar Heel Pundits
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Tuesday, April 08, 2003

The Associated Press has a report here on a brief filed by the Justice Department arguing that prisoners from the war in Afghanistan who are detained at Guantanamo Bay, Cuba do not have the right to access to United States courts and that even if the prisoners do have a right to access to the courts the coalition does not have the standing to bring the action in their place. The Justice Department won this case when it went to the Ninth Circuit Court of Appeals (Coalition of Clergy v. Bush, 310 F.3d 1153) where the court held that the coalition lacked standing to petition on detainees' behalf and the district court could not reach questions as to whether jurisdiction was lacking because none of the detainees were within the court's territorial jurisdiction. The petition for certiorari was filed on February 3, 2003, and according to the AP the Supreme Court ought to announce in the next month or so whether it will grant cert.

Via How Appealing.

posted by John Branch @ 4:28 PM

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