Guantanamo Bay detainees hoping to challenge their cases in American courts won’t be aided in their quest by the U.S. Supreme Court, at least for now. Six of the nine Supreme Court justices have ruled against deciding whether the “anti-terror” law that allows for inmates’ indefinite detention at Camp X-Ray is constitutional.
Many of the 385 detainees at the camp have been held for five years or more.
None has yet been able to challenge their detention in a US civil court.
The provision stripping detainees of their right to mount a legal challenge to their confinement was upheld by a federal appeals court in Washington in February.
The court’s majority opinion was that “the will of Congress” should prevail and that habeas corpus did not apply to foreign nationals being held at Guantanamo Bay because it is not US soil.