By Dina Temple-Raston   Jan 7, 2009

NPR - The Supreme Court ruled in June that detainees at Guantanamo Bay, Cuba, had the constitutional right to challenge their detentions in U.S. courts. On Wednesday, a federal judge will begin exploring whether detainees at a military prison in Afghanistan have that same right.

Tina Foster of the International Justice Network says her clients were picked up in third countries and then taken to Bagram. "The only reason that our clients are anywhere near Afghanistan is because the United States government brought them to Afghanistan and to Bagram against their will," Foster says.

There is so much focus on Bagram because ever since the Supreme Court gave Guantanamo detainees the right to challenge their detentions in Boumediene v. Bush, the favored place to send terrorism suspects has been Bagram. If the government loses the case, that legal netherworld could vanish.

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