Jun 12 2008
Supreme Court says habeas corpus applies to Gitmo detainees
In a 5-4 decision today written by Justice Kennedy, the Supreme Court has ruled that foreign nationals detained at Guantánamo Bay retain the constitutional privilege of habeas corpus, and that such rights were not validly stripped by Congress in passing the Detainee Treatment Act of 2005, as the procedures in provided did not constitute an adequate and effective substitute for habeas corpus and were therefore unconstitutional.
[From Daily Kos: SCOTUS: Guantanamo Detainees Have Habeas Rights]
Justices Roberts, Scalia, Thomas and Alito dissented. You’re just as shocked as me, right? See that there, that’s both of Bush’s Supreme Court appointees, that’s why what party the president is from matters. Kennedy, Stevens, Scalia and Ginsberg are all over 70 (Stevens is 88!). It is not unlikely the next president will replace at least one Supreme Court Justice and three of the four most conservative members of the court are younger than 60 and going to be around for a looooong time.
