October 21, 2009
Supreme Court to hear Chinese Muslims' case
by Joan Biskupic
USA Today
WASHINGTON -- The Supreme Court agreed Tuesday to hear the appeal of 13 Chinese Muslims at Guantanamo Bay naval base who are cleared for release yet are still being held. The case sets up a major test of the power among the branches of government to order detainees freed.
The justices rejected the Obama administration's plea that they stay out of the case. Since 2004, the court has issued decisions ensuring that judges play a strong role in protecting prisoner rights at the U.S.-run naval base in Cuba.
The new case tests judges' authority to order detainees found not to be terrorist threats released into the USA. It marks the first time the Obama administration will come before the justices in a clash over Guantanamo Bay policy.
The Uighurs, members of a Muslim minority originally living in western China, had fled to Afghanistan. After the Sept. 11, 2001, terrorist attacks and U.S. invasion of Afghanistan, they were among hundreds of men transferred to U.S. forces and sent to Guantanamo.
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