SCOTUS Upholds the Rule of Law for Gitmo Detainees
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I gotta say, I didn't expect this to happen:
The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.
The justices handed the Bush administration its third setback at the high court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba. The vote was 5-4, with the court's liberal justices in the majority.
Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
If it weren't for Anthony Kennedy or any of the more liberal justices, of course, that would no longer be true. Which is yet another reason why this election is so vital. Check out this quote from the Chief Justice. It reads like a comment at RedState:
In dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."
This action that has now been ruled invalid, the decision that Guantanamo detainees had no legal rights under the Constitution or Geneva, was the original sin that led to all the other abuses. And it won't surprise anyone to learn that it was "the stupidest fucking guy on the planet" Doug Feith's idea. In his book Torture Team: Rumsfeld's Memo and the Betrayal of American Values, which is excerpted in this much-discussed Vanity Fair article, Philippe Sands talks to Feith, who's proud of his achievement of getting the Administration to agree that detainees had no rights: