Battlestar Galactica: Mid-Season Finale Early Screening | Main | BREAKING: Supreme Court Gives Guantanamo Detainees Habeas Rights
June 12, 2008

BREAKING: Supreme Court Rules Gitmo Detainees Have Constitutional Rights To Federal Courts

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Unfreaking believable.

The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

The justices handed the Bush administration its third setback at the high court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba. The vote was 5-4, with the court's liberal justices in the majority.

Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some who have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al-Qaida and the Taliban.

Stand by for more.

UPDATE: Gabe (an actual law school grad) has analysis and updates. Please use that as the main thread. It's a big enough story for a breaking and secondary post.

Just keep in mind...our enemies are laughing at us.

One last thought...will the US Military now have to read everyone they capture their Miranda rights? Will they have to collect and preserve evidence the same way cops do? How can they not if the people they capture will now be going to regular US criminal courts? The bottom line...it will be impossible to get convictions but that's just a minor inconvenience if you are an exalted justice of the US Supreme Court.


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posted by DrewM. at 10:35 AM

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