Over the protestations of Chief Justice John Roberts, and Justices Samuel Alito, Antonin Scalia and Clarence Thomas that some should have fewer rights than others.... today the Supreme Court ruled that foreign terrorism suspects held at Guantanamo Bay have the constitutional right to challenge their detention in the U.S. courts. (New York Times)
Justice Anthony Kennedy, joined by Justices John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg and David Souter, wrote for the majority of the court, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
This historic decision supports the "balance between personal liberties and national security."
Justice had been red-coded by the Bush administration. It stripped the federal courts of jurisdiction to hear detainee challenges to their confinement, imposing instead combatant status review tribunals, made up of military officers with the power to determine if a detainee was an "enemy combatant."
Now that fundamental right to challenge has been restored.
Supremes.... Hear! Hear!
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