Monday, June 29, 2009
The Uighurs Will Have to Wait
The Supreme Court has decided to hold off on deciding whether to hear the Kiyemba case until next term. The reason for this delay is pretty apparent and it is, I think, the prudent course to take. Kiyemba poses extremely difficult questions for the Court which it could possibly avoid answering if a political solution can be fashioned. The government has shown some recent success in resettling the Uighurs and there is still the possibility of resettling the remaining 13. Recent legislation passed by Congress and signed by President Obama has also put a new wrinkle into this problem. Whether this legislation is constitutional has yet to be seen, but it makes the questions in this situation more comples. I think it's important to give the Executive some more time to try to find a political solution to the complexities posed by the Uighurs and the remaining Gitmo detainees rather than having the courts fashion relief. I don't think this will happen in time, but it's good that the government has a chance.