Supreme Court on Military Trials
Currently before the high court is the federal government's right to military tribunals. The decision will have repurcussions on wether we will win the War on Terror:
The Supreme Court today heard oral arguments in a case that could make or break the government's military commissions process for terror war detainees held at Guantanamo Bay, Cuba.
At issue in the case of Hamdan v. Rumsfeld is the legality of the military commissions set up after the Sept. 11, 2001, terrorist attacks. The court also is deciding a question on its own jurisdiction in the case.
The government, represented here by Solicitor General Paul D. Clement, filed a brief with the court that argued the case on six separate legal issues. Government attorneys contend the president has constitutional and congressional authority to establish such war crimes courts outside the U.S. judiciary system and that al Qaeda detainees don't fall under the tenets of the Geneva Conventions.
"For centuries, this Nation has invoked military commissions to try and punish captured enemy combatants for offenses against the law of war," Clement wrote in introducing his brief.