Printer Friendly

ACLJ: Supreme Court to Decide Who Will Run War on Terrorism - Federal Courts or Commander-in-Chief.

Business Editors/Legal Writers

WASHINGTON--(BUSINESS WIRE)--April 20, 2004

The American Center for Law and Justice, which filed an amicus brief supporting the position of the Department of Justice in a case involving the detention of enemy combatants in Cuba, said today's oral arguments before the U.S. Supreme Court were "troubling" and opened the door to "the alarming prospect of subjecting military decisions involving the war on terrorism to the federal courts."

"It is troubling that a number of Justices may want to interject the judiciary into military operations and usurp the President's constitutional authority in matters of war," said Jay Sekulow, Chief Counsel of the ACLJ, who attended oral arguments today. "This case should hinge on the constitutional issue involving the separation of powers. However, it is apparent from the questioning at oral argument that we, as a nation, could be faced with the alarming prospect of subjecting military decisions involving the war on terrorism to the federal courts - a move that would weaken the constitution and make it much more difficult to wage an effective war to protect Americans from further acts of terrorism. The question now before the court: Who will run the war on terrorism? Will it be hundreds of U.S. District Court judges across America, or the President as Commander-in-Chief of the U.S. Armed Forces?"

Sekulow added: "It is our hope that the Supreme Court follows its own precedent and the constitution and determines that such a decision-making role for our military rests with the President - not the courts."

The ACLJ filed an amicus brief in the cases of Rasul v. Bush and Al Odah v. Bush. (Case Nos. 03-334 & 03-343) on behalf of itself and its two affiliate organizations: The European Centre for Law and Justice, an organization that deals with human rights issues in Europe and based in Strasbourg, France, and the Slavic Centre for Law and Justice, a human rights organization based in Moscow, Russia.

The brief, posted at www.aclj.org, contends that the detainees - which include members of the Taliban and al-Qaeda - are unlawful combatants - and therefore not subject to the protections afforded by the Geneva Convention relative to the treatment of Prisoners of War. Further, the brief contends that President Bush, as Commander-in-Chief of U.S. Armed Forces, acted appropriately and constitutionally in ordering the detainees to be held in Cuba.

The brief states that "the Guantanamo detainees are not criminal suspects. Rather, they are enemy combatants captured during the ongoing war on terrorism. Their detention is preventive - to ensure that they do not again take up arms against United States forces - not punitive."

The ACLJ also has filed amicus briefs in two other terrorism cases involving Yasir Hamdi and Jose Padilla - two enemy combatants. The Supreme Court will hear oral arguments in those cases on April 28.

The American Center for Law and Justice, based in Washington, D.C., specializes in constitutional law and remains committed to upholding the integrity of our constitutional system of government based on the separation of powers.
COPYRIGHT 2004 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

Article Details
Printer friendly Cite/link Email Feedback
Publication:Business Wire
Date:Apr 20, 2004
Words:508
Previous Article:Curative Health Services Announces Additional Terms Relating to the Acquisition of Critical Care Systems.
Next Article:Magellan Health Services Combats Stigma with Web Resources; Redesigned Site Offers Privacy to Members Seeking Behavioral Health Information.


Related Articles
Terror Tribunals: If President Bush prevails, oppressive "Star Chamber" courts of the past could take on new life as unaccountable military...
ACLJ Says Supreme Court Decision On Conspiracy Helpful to War On Terrorism.
Guantanamo Bay power grab.
A matter of balance.
ACLJ Asks Supreme Court to Support President Bush's Powers in Jose Padilla Terrorism Case.
ACLJ Asks U.S. Supreme Court to Uphold Detention of Yaser Hamdi in War on Terrorism.
ACLJ Calls on Supreme Court to Follow Constitution and Permit President to Act as Commander-in-Chief in War on Terror - Not Hundreds of Federal...
ACLJ: Supreme Court Must Permit the President to Act as Commander-in-Chief in War on Terror - Not Federal Judiciary.
ACLJ: Supreme Court Issues `Troubling' Decisions on War on Terrorism.
ACLJ Asks Appeals Court to Uphold NSA Surveillance Program in War on Terror.

Terms of use | Privacy policy | Copyright © 2019 Farlex, Inc. | Feedback | For webmasters