Constitutional Law

Court Lacks Jurisdiction to Enjoin Force-Feeding Detainees

Though recognizing the “harsh” living conditions at Guantanamo Bay, a federal district court refused to stop the military from force-feeding detainees yesterday. Despite being “painfully aware” of their situations, Kessler wrote that the Military Commission Act of 2006 (MCA) bars courts from ruling on living conditions at Guantanamo.

The 2008 Supreme Court decision in Boumedine v. Bush proved central to Kessler’s reasoning. There, Justice Anthony Kennedy’s 5-4 majority opinion held that Guantanamo detainees had a right to habeas corpus despite the government’s argument that the MCA deprived them of that right. However, the holding in Boumedine was narrowly written to avoid interfering with the execution of other portions of the act. So Judge Kessler reasoned that the MCA’s provision banning courts from ruling on living conditions at Guantanamo was binding.

Kessler’s ruling leaves it in the hands of President Obama to continue or discontinue the force-feeding of Guantanamo detainees. A thirty-day review is currently underway by the Department of Defense to ensure “humane standards of confinement” at Guantanamo.

Full post as published by ACS Blog on February 11, 2009 (boomark / email).