oday, for first time in court, lawyers challenged Congress’ power to deprive individuals in the U.S. of habeas corpus rights pursuant to the Military Commissions Act. Lawyers for Ali Saleh Kahlah al-Marri, who has been detained without charges since December 2001, argued the U.S. government’s detention policy - and the premises on which it is based—violate the U.S. Constitution. Government lawyers responded that the president is acting within his powers and that, due to passage of the Military Commissions Act, the circuit court of appeals lacks jurisdiction to hear the case.
