Did the Supreme Court Just Gut Habeas Rights?

—By Adam Serwer | Mon Jun. 11, 2012 10:30 AM PDT

The Supreme Court's decision on Monday not to hear appeals from a group of Gitmo detainees leaves the remaining 169 detainees at the facility with little chance of securing their freedom through US courts.

In the 2008 case Boumediene v. Bush, the Supreme Court ruled detainees at Gitmo could challenge their detention in US courts. That decision was seen as effectively ending the Bush administration's attempt to carve out a legal black hole for suspected terror detainees. Shortly thereafter, Gitmo detainees began appealing their detentions—and frequently winning in court. But in the years since the decision, conservative judges on the DC Circuit have interpreted the law in a way that assumes many of the government's claims are true and don't have to be proven in court. By not taking any of these cases, the Supreme Court has ensured these stricter rules will prevail. Civil-libertarian groups say that essentially leaves detainees at Gitmo with habeas rights in name only, since the rules make it virtually impossible for detainees to win in court. A Seton Hall University School of Law report from May found that, prior to the DC Circuit's reinterpretation of the rules, detainees won 56 percent of cases. Afterwards, they won 8 percent.