Legal Commentary

SCOTUS: Gitmo Detainees Have Constitutional Habeas Rights

By Big Tent Democrat

MSNBC just flashed the report that in a 5-4 decision, the Supreme Court just ruled that the detainees in Guantanamo have a constitutional right to habeas corpus. Apparently, the Supreme Court agreed with me and disagreed with the DC Circuit Court of Appeals.

AP:

Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." . . . In dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."

More to come when I read the opinion . I want to compare it to my prior analysis. [More...]

From the syllabus:

Petitioners have the constitutional privilege of habeas corpus. They are not barred from seeking the writ or invoking the Suspension Clause’s protections because they have been designated as enemy combatants or because of their presence at Guantanamo.

Full post as published by TalkLeft on June 12, 2008 (boomark / email).