The D.C. Circuit Court of Appeals held that the 2006 Military Commissions Act denied Guantanamo detainees the privilege of the writ of habeas corpus. I haven’t had time to read the 59 page (25 pages, with 34 of dissent) decision yet.
Update: Heres an interesting passage from the courts opinion, quoting from Johnson v. Eisentrager, a 1950 case dealing with German nationals ("nonresident enemy aliens"), captured, tried, and convicted in China and held in occupied Germany after WWII:
If the Fifth Amendment confers its rights on all the world except Americans engaged in defending it, the same must be true of the companion civil-rights Amendments, for none of them is limited by its express terms, territorially or as to persons. Such a construction would mean that during military occupation irreconcilable enemy elements, guerrilla fighters, and "werewolves" could require the American Judiciary to assure them freedoms of speech, press, and assembly as in the First Amendment, right to bear arms as in the Second, security against "unreasonable" searches and seizures as in the Fourth, as well as rights to jury trial as in the Fifth and Sixth Amendments.