April 20 (Bloomberg) -- U.S. Supreme Court justices, hearing a case stemming from the U.S. war on terrorism, questioned whether the Bush administration can hold foreign prisoners at Guantanamo Bay Naval Base in Cuba without a court hearing.

A lawyer for 14 of the more than 650 prisoners captured overseas after the Sept. 11, 2001, terrorist attacks argued that the U.S. can't create a ``no-law zone'' without court review. Solicitor General Theodore Olson said the U.S. is ``at war'' and that non-citizens, held on foreign soil, aren't entitled to a court hearing.

``It seems rather contrary to the idea of a Constitution with three branches that the executive would be able to do whatever it wants -- whatever it wants -- without a check,'' Justice Stephen G. Breyer told Olson, the Bush administration's top courtroom lawyer.

The case is the first of three being heard by the high court in Washington over civil liberties and President George W. Bush's war on terrorism. On April 28, the court hears appeals involving two U.S. citizens in military custody, Yaser Esam Hamdi and Jose Padilla, who also challenge their detention. The government says it holds detainees to gather intelligence and prevent new acts of terrorism.

Justice Antonin Scalia suggested it is the role of Congress, not the courts, to change the law if people believe the detainees should have a right to go to court.

``If Congress thinks it's unfair, with a stroke of the pen they can change'' the law, Scalia said.

The cases argued today are Rasul v. Bush, 03-334, and al Odah v. U.S., 03-343.

To contact the reporter on this story: Laurie Asseo in Washington at lasseo1@bloomberg.net.

Last Updated: April 20, 2004 12:11 EDT