on the process each side wants. As expected, they disagree; and the three judges hearing the cases may diverge in their opinions. Full discussion here:

Analysis: Core of the habeas dispute
Saturday, August 2nd, 2008 7:18 am Lyle Denniston
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Analysis

The second round of legal papers arguing how federal judges should probe Pentagon decisions to hold detainees at Guantanamo Bay strips the underlying dispute down to its core: what legal source governs that process? To the detainees, the federal habeas laws written by Congress control; to the government, only the Constitution remains to control them.

How federal judges resolve that issue — and three different judges are now taking on that initial task, and might well disagree over it — seems sure to shape the structure of the habeas review that the Supreme Court ordered for detainees in its ruling in June in Boumediene v. Bush.

The detainees’ view, if accepted, very likely would lead to a wider ranging inquiry, the government’s to a more narrowly confined review. Indeed, those are precisely the conflicting objectives that the two sides were pursuing as they filed, late Friday night, their responses to each others’ proposals on the “procedural framework” for the habeas cases.
http://www.scotusblog.com/wp/analysi...ute/#more-7762

The detainees’ new brief is here

http://www.scotusblog.com/wp/wp-cont...ure-8-1-08.pdf

The government’s is here

http://www.scotusblog.com/wp/wp-cont...ure-8-1-08.pdf