| This week, the Supreme Court declined to hear the case of Yemeni citizen and Guantanamo detainee Moath al-Alwi. His lawyers questioned whether "enemy combatants" such as al-Alwi could realistically be held without charge indefinitely, even as U.S. forces have largely withdrawn from Afghanistan. Despite the overall silence from the bench, one justice, Stephen Breyer, wrote in a statement published by the court that it's "past time" to address this issue. Breyer questioned the constitutionality of lifetime sentences without trial. Breyer has already indicated that he believes the original basis for the expansion of indefinite detention has been "stretched... too thin," as Mark Joseph Stern points out in Slate. Court decisions that sanctioned indefinite detention for enemy combatants are now being applied beyond that group, Stern says, by Immigration and Customs Enforcement. He continues: "The power of indefinite detention is a weapon that presidents can wield recklessly and brutally… The Supreme Court can no longer be trusted to enforce due process, despite Breyer's pleas. If Congress doesn't put a stop to this unconstitutional cruelty, no one will." | 
