WASHINGTON, March 26 (UPI) -- Osama bin Laden's former chauffeur is challenging U.S. President George Bush's authority over terror suspects at the Guantanamo Bay military prison.
Tuesday, an attorney for Salim Ahmed Hamdan will ask the eight of the nine Supreme Court justices to declare unconstitutional the U.S. military commission set to try him for conspiring with his former al-Qaida boss to carry out terrorist attacks.
Chief Justice John Roberts had ruled on the case while he was on a federal appeals court and must sit out now, the Washington Post reported Sunday.
Hamdan's case calls on the court to stop "this unprecedented arrogation of power."
In response, the administration's brief urges the court not to second-guess the decisions of the commander in chief, the newspaper said.
The high court refused the administration's bid to dismiss the case for lack of jurisdiction before hearing arguments, and also has refused to defer completely to the president in two previous terrorism-related cases.
