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And the hearing on the detainee case broke "new ground," he said.
The dissenting justices were Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr., voting in his first detainee case.
The roots of the new case, Boumediene v. Bush, No. 06-1195, lin in the court's second-round detainee case, Hamdan v. Rumsfeld, decided in 2006.
Dixon "raised the Guantánamo detainee case of Shaker Aamer, a Saudi national and former British resident whose wife and children are resident in the UK.
A public furor over the detainee case erupted in January, when it emerged that four others held in connection with the attacks had died in ISI custody over the previous six months.
It will be Mr. Clement's fourth argument in a detainee case; he argued the Hamdan case last year and, as principal deputy solicitor general, also argued a pair of cases that the court heard along with the Rasul case in 2004.
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But such lawyers have been so inundated with detainee cases, she said, none were willing to help.
At the same time, he sent five other detainee cases to the military commissions system, with the expectation that many more referrals to both systems would quickly follow.
Professor Epstein, however, said he found it "appalling" to see people equating work on detainee cases with a dearth of patriotism.
In the Latif case and six other detainee cases now up for review, a major question for the justices is whether they will go along with the appellate court's refusal to allow Guantánamo detainees to prevail in habeas cases.
We are currently in the process of reviewing each of the detainee cases at Guantánamo to determine the appropriate policy for dealing with them.
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