The Supreme Court announced yesterday that it wants the Bush administration to defend the secrecy that enveloped lower federal courts’ proceedings involving one of the 1,200 Arab and Muslim men detained by federal authorities after the Sept. 11, 2001, terrorist attacks. In a brief order, the court called on Solicitor General Theodore B. Olson to respond to a Florida resident’s claim that lower courts violated the Constitution when they agreed to keep even the existence of his case a matter of strict confidentiality. The court’s action comes a month after Olson informed the justices that he did not plan to respond. The court’s order suggests that the justices are keeping a watchful eye on the government’s legal approach to the war on terrorism, including its assertion that much of that war must be conducted in secret, even though the court has yet to accept a case for full argument and decision. Full Story
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