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News accounts have played the Supreme Court's decision to consider whether U.S. courts have jurisdiction over Guantanamo Bay as a setback to the Bush administration's position that the courts have nothing to do with it.(The Week)(Brief Article)

National Review

| December 08, 2003 | COPYRIGHT 2003 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

* News accounts have played the Supreme Court's decision to consider whether U.S. courts have jurisdiction over Guantanamo Bay as a setback to the Bush administration's position that the courts have nothing to do with it. "An unmistakable rebuff," according to the New York Times. This is wishful thinking. It is possible the Supreme Court will, on the narrow question before it, decide that the U.S. courts have jurisdiction over Gitmo, land controlled by the United States. But this will make little difference when it comes to the more important question of whether the administration is right to hold detainees there without charge and without lawyers. It clearly is. The detainees have committed no crime and are charged with none. Their "only" offense is waging a war against the United States, and so they can be ...

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