Thursday, June 12, 2008

Gitmo detainee suspects given rights to appeal in U.S. courts.

From NY Times:

WASHINGTON — Foreign terrorism suspects held at the Guantánamo Bay naval base in Cuba have constitutional rights to challenge their detention there in United States courts, the Supreme Court ruled, 5 to 4, on Thursday in a historic decision on the balance between personal liberties and national security.

“The laws and Constitution are designed to survive, and remain in force, in extraordinary times,” Justice Anthony M. Kennedy wrote for the court.

Text of the Decision (pdf)

Update: In Scalia’s dissent, he wrote:
“…it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner. The Nation will live to regret what the Court has done today.”


People for the American Way:
It’s chilling that the case was decided on a single vote, 5-4. One more Bush Justice on the Court, and the decision would likely have gone the other way. That’s why it’s so important for Americans to realize that in this election year, the Supreme Court is on the ballot. John McCain has already promised the GOP that he would nominate Justices to the Court exactly like those Bush has brought to the bench. This year, we must reverse the tide, and begin to restore a Supreme Court that upholds our individual rights and the laws that keep us free.

1 comment:

airJackie said...

Bush/Cheney and McCain will look to replace Justice Kennedy real quick. It's that 5-4 vote that's killing Bush's policies. Scalia is a dirty old man. Roberts is busy with his girlfriend and just followers the GOP's orders. Alito is still sending out thank you notes to those who put him in office as he looks for men in the men's room.