A federal appeals court on Friday agreed to consider an alleged 9/11 conspirator's plea to halt his sanity hearing slated for Sept. 21-25 at the war court at Guantanamo Bay, Cuba.

Lawyers for Ramzi bin al Shibh, an alleged al Qaida lieutenant, filed a 71-page writ of mandamus this week at the U.S. Court of Appeals for the District of Columbia, arguing that the military commissions created by Congress and the Bush administration are unconstitutional.

Army Col. Stephen Henley, a military judge, has scheduled a full week of commission hearings at Camp Justice from Sept. 21 to hear evidence on whether Bin al Shibh is competent to face trial and defend himself.