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: Law Blog - WSJ.com

Breaking News: High Court Rules Against Gov?t in Detainee Case

By Dan Slater

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scotusSCOTUS blog is reporting that, in a 5-4 decision issued this morning, the Supreme Court has held that foreign nationals held at Gitmo have a right to pursue habeas challenges to their detention. The result in Boumediene v. Bush is a blow to the Bush administration’s war-on-terrorism policies.

Here’s the opinion.

Justice Kennedy wrote the opinion. CJ Roberts, along with Justices Scalia, Thomas and Alito dissented. Roberts also authored a dissent joined by Scalia, Thomas and Alito. Justice Scalia filed a dissent, joined by Roberts, Thomas and Alito. Justice Souter issued a concurring opinion, joined by Justices Ginsburg and Breyer.

“The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us,” wrote Justice Scalia in his dissent. “It will almost certainly cause more Americans to be killed.” He concludes: “The Nation will live to regret what the Court has done today. I dissent.”

Full post as published by Law Blog - WSJ.com on June 12, 2008 (boomark / email).

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