"As petitioners' counsel argued, the choice between submitting to a search procedure that is religiously and culturally abhorrent or forgoing counsel effectively presents no choice for devout Muslims like petitioners," Lamberth wrote.
He also said that what he called repeated actions by the government to deter detainees' legal access increased the likelihood that the government's security rationale for the genital searches "is mere pretext and that the new searches represent an 'exaggerated response' to its legitimate interest in security of the detention facility."
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