SCOTUS Knocks Down Detainee Photo Suit

By Reid Wilson

The Supreme Court has blocked a lower court ruling that would require the Defense Dept. to release photos of prisoners being abused, handing civil liberties advocates another defeat.

The ruling requires the 2nd Circuit Appeals Court to take another look at the case. Justices cited a section of this year's DHS appropriations bill which prohibits the DoD from releasing so-called "protected documents," including photographs relating to the treatment of detainees.

Def. Sec. Robert Gates designated the photos as protected documents, as allowed under the DHS appropriation. The high court cited that move in their decision to remand the case.

The ACLU, which had sued the DoD for access to the photos, said it would continue to pursue the case in lower courts.

"We continue to believe that the photos should be released, and we intend to press that case in the lower court," said ACLU legal director Steven Shapiro in a statement. Jameel Jaffer, another atty on the case and director of the ACLU's national security project, called the DoD's refusal to make the photos public "both unlawful and unwise."

"[T]here is a strong public interest in the photos' release," Jaffer added.

The 2nd Circuit, which is based in New York City, denied an en banc review of the case earlier this year. As a member of that court at the time, new Associate Justice Sonia Sotomayor had to recuse herself from deliberating the case at the higher level.