The Supreme Court has never granted review to a case about post-9/11 torture claims against U.S. officials. American Civil Liberties Union lawyer Ben Wizner worries that omission leaves the door open for future human-rights abuses.

In his petition in Padilla v. Rumsfeld, Wizner is asking the Court to decide whether federal officials “responsible for the torture of an American citizen on American soil” can be sued for damages. He says the Court must rule on the legality of these practices, because “we shouldn’t have politicians debating the efficacy of tactics that are absolutely legally prohibited.”