In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights. If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion….
The Court also declared that detainees do not have to go through the special civilian court review process that Congress created in 2005, since that is not an adequate substitute for habeas rights. …
Congress, it concluded, unconstitutionally suspended the writ in enacting that [Detainee Treatment ]Act.
http://www.scotusblog.com/wp/court-gives-detainees-habeas-rights/
Nice to know the Supreme Court can still do the right thing! (But that 5-4 split sure is scary!!)
This is a great day for American constitutionalism. It is shocking, however, that four-ninths of the United States Supreme Court find compelling justification to imprison innocent men (i.e., those who might be exonerated at trial) for life without a constitutionally recognized judicial hearing.
My take on this case is posted here.