On Wednesday, the Supreme Court will consider whether the Constitution protects the right of Guantanamo detainees to file writs of habeas corpus in federal court. President Bush says no - because judges should not question decisions about whom the United States chooses to detain in the "war on terrorism." But the history of Guantanamo itself provides the most compelling reason for rejecting such unbridled claims of executive power.

*Cross-posted from FindLaw.com

Last week, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Bismullah v. Gates, the first case interpreting the new statutory review procedures created to replace habeas corpus for Guantánamo detainees.