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: novalawcity

Hooray for Habeas Corpus!

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Apparently our good friend and favorite civil liberty,the Writ of Habeas Corpus, is making a comeback.  In a 5-4 decision, the Supreme Court ruled Thursday that detainees held at Guant??namo Bay have the right to challenge their detention in U.S. civilian courts.  Today's ruling is the third time that the Court has ruled in favor of the detainees.

In writing the majority opinion, Justice Anthony Kennedy said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."  Brilliant.

The Court not only affirms that the detainees have rights under the Constitution, but that the system the Bush administration has put in place to classify them as enemy combatants and review those decisions is inadequate.  View the entire slip opinion. (Adobe Acrobat required)

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

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