June 30, 2007 (LPAC)--In an extremely rare action, the U.S. Supreme Court reversed itself yesterday, and agreed to hear an appeal of the denial of the right to habeas corpus for prisoners at the Guantanamo Bay military prison. Two months ago, only three justices -- those considered the court's most "liberal" -- voted to hear the case; this time, five justices voted to grant the detainee's motion for reconsideration of their April denial. Legal scholars said that such a reversal has not happened for decades; some say 1947 was the last time.
Lawyers for Guantanamo prisoners were reportedly elated at the court's reversal. Administration lawyers -- and undoubtedly Dick Cheney, who personally demanded that the habeas-stripping provision be included in the 2006 Military Commissions Act -- were not pleased. "We are disappointed with the decision," various media quote a Justice Department spokesman as saying. The case will be taken up when the high court reconvenes in October.
This was the first of two setbacks for the Administration on June 29, the last day of the Court's 2006-2007 session. Later in the day, a military judge at Guantanamo refused to reconsider his earlier ruling that the Military Commission over which he presides, created by the 2006 law, does not have the authority to try the prisoner, a young Canadian, who was brought before it.