Supreme Court Dissenting Ruling on Hamdan vs. Rumsfeld
"On December 30, 2005, Congress enacted the DetaineeTreatment Act (DTA). It unambiguously provides that, asof that date, “no court, justice, or judge” shall have jurisdiction to consider the habeas application of a Guantanamo Bay detainee. Notwithstanding this plain directive, the Court today concludes that, on what it calls thestatute’s most natural reading, every “court, justice, or judge” before whom such a habeas application was pending on December 30 has jurisdiction to hear, consider, and render judgment on it. This conclusion is patently erroneous. And even if it were not, the jurisdiction supposedlyretained should, in an exercise of sound equitable discretion, not be exercised."
"December 30, 2005. As of that date, then, no court had jurisdiction to “hear or consider” the merits of petitioner’shabeas application. This repeal of jurisdiction is simplynot ambiguous as between pending and future cases. It prohibits any exercise of jurisdiction, and it became effective as to all cases last December 30. It is also perfectly clear that the phrase “no court, justice, or judge” includesthis Court and its Members, and that by exercising our appellate jurisdiction in this case we are “hear[ing] orconsider[ing] . . . an application for a writ of habeascorpus.”"