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Supreme Court To DC Circuit: Reconsider Gitmo Case Involving Religious Harassment

By Howard M. Friedman

Today the U.S. Supreme Court told the D.C. Circuit Court of Appeals to reconsider its decision in a case brought by Guantanamo detainees alleging arbitrary detention, torture and violations of their religious rights. Among other things, the detainees alleged that they were interrupted as they prayed, that they were denied copies of the Qur'an and prayer mats, that a copy of the Qur'an was thrown in a toilet and that they were forced to shave their beards that they wore for religious reasons. The Court of Appeals had held that all the claims should be dismissed, including the detainees' claims under the Religious Freedom Restoration Act. (See prior posting.) Today in Rasul v. Myers, (Docket No. 08-235, Dec. 15, 2008), the Supreme Court issued an order (Order List full text) granting certiorari, vacating the judgment below and remanding the case to the Circuit Court for consideration in light of the Supreme Court's intervening decision in Boumediene v. Bush. That case held that Guantanamo detainees may seek habeas corpus relief. Today's Baltimore Sun and Reuters both report on the Rasul decision.

Full post as published by Religion Clause on December 15, 2008 (boomark / email).