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28 June 2004

Supreme Court Rules Detainees Have Access to U.S. Courts
Mayer, Brown, Rowe & Maw LLP

28 June 2004, Washington, D.C. - The Supreme Court ruled today that people being held by the United States as enemy combatants can challenge their detention in American courts. The New York Times described the decisions as "the court's most important statement in decades on the balance between personal liberties and national security." Two of the cases involved American citizens and the other addressed the status of foreigners being held at the Guantánamo Bay Naval Base in Cuba. The Supreme Court agreed with the positions taken by Mayer, Brown, Rowe & Maw LLP in amicus briefs filed in the cases, which argued that the courts have a duty to act as a check on the Executive Branch, even in wartime. Working on the amicus briefs in the Guantánamo detainees' case (Rasul) were firm lawyers James Schroeder, Gary Isaac, Stephen Kane, and Jon Juenger. Working on the amicus briefs in the Hamdi case were Philip Lacovara, Andrew Pincus, and Andrew Schaefer. The Court's opinions can be accessed through the following links: Also see Guantanamo Bay Case on

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