Can Canada Sway SCOTUS?
Canadian decision in a Guantanamo Bay case should guide U.S. Justices.
Canadian Decision in a Guantanamo Bay Case Should Guide U.S. Justices
At the end of June, the Supreme Court is due to issue a ruling on the challenge filed by Guantánamo detainees to their detention and the denial of habeas corpus. All the current presidential candidates, Sen. John McCain, Sen. Barack Obama and Sen. Hillary Rodham Clinton, have discussed their intention to close the offshore detention facility Guantanamo's continuing damage to America's global reputation figures prominently in their calculations.
Last week brought new confirmation of that damage with a Canadian Supreme Court judgment in the case of Omar Khadr, a Canadian citizen detained at the Cuban base (pdf).
This decision raises intriguing questions. Coming just weeks before the U.S. Supreme Court is to rule, will it influence the high court's decision? Should it?
Aziz Huq is counsel in several cases concerning detention and national security policy, including Omar v. Geren and Munaf v. Geren, challenges to US citizen's detention in