The US Supreme Court appeared deeply split today on whether foreigners at an American naval base at Guantanamo Bay in Cuba can use US courts to challenge their detentions, the first test of President George W. Bush's policies in his war on terrorism.
Several justices stressed they were examining only whether US courts have jurisdiction, not the merits of the claims by prisoners, who say they are innocent and have been held illegally in violation of their civil rights.
Mr John Gibbons, a retired judge who represented the detainees, began his argument by saying, "What's at stake in the case is the authority of the federal courts to uphold the rule of law."
He said the US government had created "a lawless enclave" at Guantanamo. About 595 foreign nationals have been designated "enemy combatants" and are being held at the base as suspected al Qaeda members or Taliban fighters.
Government lawyer Mr Theodore Olson replied that the federal habeas corpus law that allows prisoners to challenge their detention does not apply to the Guantanamo detainees.
He argued that Cuba, under a lease with the US concerning the base, has ultimate sovereignty and that places the detainees beyond the control of US courts.
Most of those held at the base were seized during the US-led campaign against the Taliban government in Afghanistan and against Osama bin Laden's al Qaeda network after the September 11th, 2001, attacks. The first detainees arrived at Guantanamo in January of 2002.