Supreme Court gives Gitmo inhabitants habeas rights

[Broken Parachute]

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. The Court refused to interpret the Detainee Treatment Act — as the Bush Administration had suggested — to include enough legal protection to make it an adequate replacement for habeas. Congress, it concluded, unconstitutionally suspended the writ in enacting that Act.

http://www.scotusblog.com/wp/court-gives-detainees-habeas-rights/

[saysmydoctor]

:appl::appl::appl::appl:

[entrepy]

That's good news. Not so good in the UK though, Brown successfully extended the amount of time a person can be held without charge to 42 days.

[loveisdead]

Very nice to see.

[Jason Tate]

And John McCain called it (http://elections.foxnews.com/2008/06/13/mccain-guantanamo-ruling-one-of-the-worst-decisions-in-history/) one of the "worst decisions in US history".

WOW.

[GiggsOho]

And John McCain called it (http://elections.foxnews.com/2008/06/13/mccain-guantanamo-ruling-one-of-the-worst-decisions-in-history/) one of the "worst decisions in US history".

WOW.



You seemed shocked. A war-mongering senator is upset that he has to play by the rules when the president hasn't for 7 years. A republican acting like an ignorant, petulant child, no shock there...

[Nevuk]

Wait, this is after 7 years of Bush packing the court? Fucking amazing. For McCain and the republicans to criticize this shows much of the hypocrisy in their own philosophies.

[saysmydoctor]

What was Scalia's opinion? I know he is known for his constitutionally-consistent judgments.

[apoemtothedead]

What was Scalia's opinion? I know he is known for his constitutionally-consistent judgments.
I believe Scalia wrote in the dissenting opinion that he wasn't for it because more Americans would die because of the ruling. Which isn't exactly the role of a Supreme Court Justice.

[open mind]

about damn time.

[loveisdead]

I believe Scalia wrote in the dissenting opinion that he wasn't for it because more Americans would die because of the ruling. Which isn't exactly the role of a Supreme Court Justice.
That's pretty ridiculous. Can you find a link?

[Broken Parachute]

I also read that Scalia said "more Americans will die" because of this. I'll look for the link, but I definitely read it.

Anthony Kennedy played a big role in this decision. He was the swing vote I believe. It's kind of surprising seeing as how he leans to the right somewhat and was appointed by Reagan, just like Scalia was.

[GiggsOho]

That's pretty ridiculous. Can you find a link?

http://thinkprogress.org/2008/06/12/scalia-courts-decision-restoring-habeas-will-almost-certainly-cause-more-americans-to-be-killed/

[loveisdead]

http://thinkprogress.org/2008/06/12/scalia-courts-decision-restoring-habeas-will-almost-certainly-cause-more-americans-to-be-killed/

Thank you very much.

[loveisdead]

“Today the Court warps our Constitution.”

How? It seems like a constitutional decision to me.

[Broken Parachute]

He thinks they're reading the Constitution the way they want to rather than how it should be read, I guess.

[loveisdead]

Also known as "The Great Writ," a writ of habeas corpus ad subjiciendum is a summons with the force of a court order addressed to the custodian (such as a prison official) demanding that a prisoner be brought before the court, together with proof of authority, allowing the court to determine whether that custodian has lawful authority to hold that person, or, if not, the person should be released from custody. The prisoner, or another person on their behalf (for example, where the prisoner is being held incommunicado (http://en.wiktionary.org/wiki/incommunicado)), may petition the court or an individual judge for a writ of habeas corpus.

I don't think we are in a national emergency so I don't see how this can be argued any other way.

[Nevuk]

He thinks they're reading the Constitution the way they want to rather than how it should be read, I guess.
lol this statement is ridiculously fallacious.

[Broken Parachute]

lol this statement is ridiculously fallacious.Did you just call me a blowjob?

[Broken Parachute]

I should have said "maybe?" instead of "I guess."