Summary
In a strong rebuke of the Bush administration's use of military tribunals to try terrorism suspects, the U.S. Supreme Court ruled Thursday that the detainees have the right to challenge their imprisonment in federal courts. The decision likely leaves it up to President Bush's successor to determine how to handle the nearly 300 men held at the U.S. military detention facility in Guantanamo Bay. Closing the Gitmo prison and using existing military and civilian judicial procedures to try the prisoners has long been a reasonable alternative.
In a 5-4 decision, the court upheld habeas corpus, the constitutional right of prisoners to challenge their detention. "The laws and the Constitution are designed to survive, and remain in force, in extraordinary times," Justice Anthony Kennedy wrote for the majority. Justice Kennedy, often a swing vote, joined the court's liberal branch in ruling that the tribunal system set up by the Bush administration was not an adequate substitute for constitutional rights. The court's four conservatives, including Bush appointees John Roberts and Samuel Alito, wrote a strong dissent, warning that the majority's opinion would cause more Americans to be killed.See the full content of this document
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Return to Rights
It was the high court's third rejection of the Bush administration's position after Sept. 11 of stripping ...
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