WASHINGTON — Foreign terrorism suspects held at the Guantánamo Bay naval base in Cuba have constitutional rights to challenge their detention there in United States courts, the Supreme Court ruled, 5 to 4, on Thursday in a historic decision on the balance between personal liberties and national security. ‘The laws and Constitution are designed to survive, and remain in force, in extraordinary times,’ Justice Anthony M. Kennedy wrote for the court. The ruling came in the latest battle between the executive branch, Congress and the courts over how to cope with dangers to the country in the post-9/11 world. Although there have been enough rulings addressing that issue to confuse all but the most diligent scholars, this latest decision, in Boumediene v. Bush, No. 06-1195, may be studied for years to come. In a harsh rebuke of the Bush administration, the justices rejected the administration’s argument that the individual protections provided by the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 were more than adequate. ‘The costs of delay can no longer be borne by those who are held in custody,’ Justice Kennedy wrote, assuming the pivotal role that some court-watchers had […]
Thursday, June 12th, 2008
Justices Rule Terror Suspects Can Appeal in Civilian Courts
Author: DAVID STOUT
Source: The New York Times
Publication Date: 13-Jun-08
Link: Justices Rule Terror Suspects Can Appeal in Civilian Courts
Source: The New York Times
Publication Date: 13-Jun-08
Link: Justices Rule Terror Suspects Can Appeal in Civilian Courts
Stephan: Even the majority of the conservative Court realize that the Cheney Bush view of the Constitution is nonsense, and essentially unAmerican.