JUSTICE BREYER HAS A MESSAGE FOR THE SUPREME COURT ABOUT GUANTANAMO BAY

The Daily Caller | 5/20/2009 | Staff
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The Supreme Court rejected the appeal of a longtime Guantanamo Bay detainee called Moath Hamza Ahmed Al-Alwi on Monday.

Al-Alwi urged the court to put limits of long-term detention at Gitmo, saying his imprisonment under the 2001 Authorization for the Use of Military Force (AUMF) is no longer valid.

Statement - Case - Justice - Stephen - Breyer

In a short statement about the case, Justice Stephen Breyer predicted that the court will eventually have to decide whether the continued detention of prisoners like Al-Alwi is lawful.

The Supreme Court rejected a challenge Monday to the indefinite detention of enemy combatants at the Guantanamo Bay prison camp in Cuba, as one justice warned that similar disputes will inevitably return to the high court.

Monday - Case - Yemeni - Moath - Hamza

Monday’s case involved a Yemeni national called Moath Hamza Ahmed Al-Alwi who has been held at Guantanamo Bay since January 2002. Al-Alwi, who was detained under the 2001 Authorization for the Use of Military Force (AUMF), says the government’s right to hold him expired with the end of combat operations in Afghanistan.

“Al-Alwi faces the real prospect that he will spend the rest of his life in detention based on his status as an enemy combatant a generation ago, even though today’s conflict may differ substantially from the one Congress anticipated when it passed the AUMF, as well as those ‘conflicts that informed the development of the law of war,'” Justice Stephen Breyer wrote in a statement respecting denial of review.

Case - Grant - Review - Light - Duration

“I would, in an appropriate case, grant [review] to address whether, in light of the duration and other aspects of the relevant conflict, Congress has authorized and the Constitution permits continued detention,” Breyer added.

The court did not give reasons for rejecting Al-Alwi’s petition, as is typical of orders of this nature.

Coalition - Forces - Al-Alwi - December

Coalition forces captured Al-Alwi in December 2001 near...
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