In April 2004, the U.S. Supreme Court will hear arguments in Al Odah v. United States. This legal challenge to the federal response to terrorism--a first for the Supreme Court--principally deals with the U.S. government’s treatment of Guantanamo Bay prisoners. AEI adjunct fellows Brad Berenson and Richard Klingler, who will have just filed a brief with the Supreme Court on behalf of Citizens for the Common Defence, argue that the Supreme Court should adhere to the traditional rule that enemy fighters captured and held abroad by the military during wartime have no right to challenge their detention in the U.S. legal system.
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