Those are just some of the questions raised by the Guantanamo ruling, and by another one concerning Yaser Esam Hamdi, a U.S. citizen imprisoned since his capture in Afghanistan in 2001. In that case, the court decided that while the President can deem American citizens "enemy combatants," he cannot deny them access to a lawyer and a chance to answer the charges before a "neutral decision maker." The Supreme Court left it to the Bush Administration and lower courts to devise a way for Hamdi to challenge his detention.
So far, only lawyers for the 14 detainees who brought suit in the Guantanamo case have been given permission to visit their clients, and it's unclear how the other detainees will find legal representation. It's also unclear where hearings will be held for the flood of petitions from all the captives now seeking their release. Officials are considering shifting detainees to the U.S. mainland, since contrary to the hopes of the Bush Administration the court ruled that Guantanamo falls well within the reach of U.S. law. Government officials say it is not likely that any more detainees will be sent there, and military sources tell TIME that many could soon be released. "We're not in a good legal position," says a U.S. government official. "We have to minimize the heartburn."