The court will hear arguments this week over whether political detainees may ask federal judges to review their cases -- an issue justices decided positively three years ago but are revisiting following last year's enactment of the Military Commissions Act.

In the 2004 case, the Supreme Court ruled federal judges do have jurisdiction to hear detainee cases because a Bush-administration-created military commission system was not authorized by Congress, the New York Times reported.

In 2006, just before Democrats assumed control of Congress, lawmakers approved the Military Commissions Act, which says foreign detainees must be tried in military courts and no other judges have jurisdiction. This week's case, Boumediene vs. Bush, will test whether foreign detainees have habeus corpus rights, despite the act.