Last Friday, the Supreme Court issued an order suspending enforcement of a trial court judge’s ruling that immigration proceedings for those designated as special interest detainees must be open to the public. The order, issued after a government appeal, came without any comment. Under the order, hearings will continue to be held in secret until the Third Circuit Court of Appeals rules on the government’s appeal of the trial judge’s decision. The Third Circuit had placed the case on a fast track for a hearing, but had declined to overturn the order making hearings open in the meanwhile.
The government argues that allowing these hearings to be open to the public would pose a national security risk, and would hamper further investigation into past and future acts of terrorism. Those seeking open hearings, primarily media and civil rights organizations, say that so long as the hearings and all other information relating to the detainees is kept secret, there is no way of knowing whether the government is observing people’s rights.
The order marks the Supreme Court’s first action in the ongoing terrorism investigation.
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