Wyden voted today to bar anyone at the U.S. prison in Guantanamo Bay, Cuba, from filing lawsuits in American courts to challenge their detentions, despite a Supreme Court ruling last year that granted such access.
In a 49-42 vote, senators added the provision by Sen. Lindsey Graham, R-S.C., to a sweeping defense policy bill.
Under the provision, Guantanamo Bay prisoners would be allowed to appeal their status as an "enemy combatant" one time, to the Circuit Court of Appeals in Washington, D.C. But they would not be able to file petitions known as writs of habeas corpus, which are used to fight unlawful detentions, in that or any other U.S. court.
The McCain and Graham provisions are not in the House-passed defense bills.
The Senate's approval of Graham's amendment followed Monday's Supreme Court decision to review a constitutional challenge to the Bush administration's military trials for prisoners held at the U.S. naval base in Cuba.
In 2004, the Supreme Court said the 500 or so prisoners held there could file habeas corpus petitions in U.S. courts to fight their detentions. Many of the prisoners were captured in Afghanistan and have been held at Guantanamo for several years without being charged.
Since that ruling, prisoner lawsuits against the government have piled up.
Oregon Senator Ron Wyden, D-OR, led four other democrats in voting for the restrictions while oregon's other senator, Smith, R-OR, led two other republicans in opposing the measure. Seven republicans and two democrats did not vote.
Not Voting - 9
link to www.senate.gov