From The New York Times:
A divided federal appeals court on Tuesday upheld a new law stripping federal judges of authority to review foreign prisoners’ challenges to their detention at Guantánamo Bay, Cuba.
The decision set the stage for a third trip to the Supreme Court for the detainees, who will once again ask the justices to consider a complex issue that tests the balance of power among the White House, Congress and the courts in the murky context of the fight against international terrorism.
It also prompted some senior Democratic lawmakers, who have fought the Bush administration on the matter before and who now hold sway in Congress, to vow enactment of a law more favorable to the prisoners.
The Supreme Court previously ruled twice that federal statutes empowered the courts to consider Guantánamo prisoners’ habeas corpus petitions challenging the grounds for their detention. In response to those rulings, Congress twice rewrote law to limit the detainees’ avenues of appeal. The most recent rewriting was at issue in Tuesday’s 2-to-1 decision.