Four years after pronouncing that detainees who face no charges have a right to challenge their ongoing confinement, the justices rejected appeals arguing that the federal appeals court in Washington has largely ignored the high court’s command.
The appeals court has not ordered the release of any detainee and has reversed several lower court release orders. In addition, some appellate judges have been unusually critical of the Supreme Court’s 2008 decision in Boumediene v. Bush.
There are 169 foreigners remaining at Guantanamo, including the five men who are facing military trials for their roles in the Sept. 11 attacks.
The justices offered no comment on their orders Monday in appeals from seven detainees. Lawyers for the detainees criticized the court for refusing to take up the appeals.
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