Roderick MacArthur Justice Center

U.S. Supreme Court Decides Case

Update (June 28, 2004)

Supreme Court Strikes Down Indefinite Detention Without Legal Process for Guantanamo Prisoners

The U.S. Supreme Court ruled today that the Bush administration's policy of detaining foreign nationals without legal process at the Guantanamo Bay Naval Station is illegal. The Court determined that the prisoners cannot be held in a prison beyond the law, and are entitled to basic legal rights.

Download court opinion (pdf)

Download Justice Kennedy's concurring opinion (pdf)

Download dissenting opinion (pdf)

Update (April 20, 2004)

Supreme Court Heard Arguments in Guantanamo Detainees Case; MJC Attorney Joseph Margulies Is Lead Counsel

On April 20, 2004, oral arguments were heard by the United States Supreme Court in the cases of Rasul v. Bush and Al Odah v. U.S. These are the first and only cases taken by the Supreme Court that challenge the Bush administration's policy of indefinite detention of foreign "enemy combatants" at the Guantanamo Bay Naval Base in Cuba. MacArthur Justice Center Attorney Joseph Margulies is the lead counsel for Shafiq Rasul. A decision is expected this summer.

Download reply brief (pdf)

Download amicus brief filed by Geoffrey R. Stone on behalf of Fred Korematsu in support of petitioners (pdf)

For a copy of the amicus brief filed by former federal judges, contact Nora Ferrell at (312) 408-2580.

Download petitioners' brief on the merits (pdf)