Court to hear Guantanamo prisoners appeals

By James Vicini

WASHINGTON (Reuters) - The U.S. Supreme Court said on Friday it would hear appeals by Guantanamo prisoners on their right to challenge their indefinite confinement, a test of President George W. Bush's powers in the war on terrorism.

The high court in April had denied the same appeals by the prisoners. In a surprise and highly unusual reversal, the justices said they would hear arguments and decide the two cases during the court's term that starts in October.

At issue is an anti-terrorism law that Bush pushed through Congress last year taking away the right of the foreign terrorist suspects at the U.S. prison at Guantanamo Bay in Cuba to have a judicial review of their detention.

The Supreme Court's decision to hear the cases was a setback for the Bush administration, which had urged the justices to turn down the appeals.

"We did not think that court review at this time was necessary, but we are confident in our legal position," said White House National Security Council spokesman Gordon Johndroe.

There are about 375 detainees at the prison, which critics, including some of Washington's allies, have demanded be closed. The first arrived more than five years ago after the United States launched its war on terrorism in response to the September 11 attacks.

Bush has said he would like to close Guantanamo but calls the prison a necessary tool in the war on terrorism. House of Representatives Speaker Nancy Pelosi told reporters Democratic lawmakers want to close it.

"We are studying the issues so that we have the facts, the record to close Guantanamo prison, not the (U.S. naval) base" at Guantanamo, the California Democrat said outside her office.