Gitmo Detainees win a round in the US Supreme Court

While I have no doubt that some of the detainees being held in at the US military facility in Guantanamo Bay deserve to be there, I also believe that holding anyone prisoner for six years without charges and without trial is something our Founding Fathers would recoil at learning.

The US Supreme Court, on a 5-4 ruling, has restored the rule of law by granting these detainees the right of habeas corpus. 

Writing for the majority, Justice Anthony Kennedy said, “the laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system reconciled within the framework of the law.”

President Bush and Senator John McCain were both upset by today’s ruling which only underscores how important the upcoming presidential election is.  Five of the nine Supreme Court justices will be over the age of 70 and John McCain wants to populate the court with more justices like Scalia, Roberts and Alito.  November cannot get here quickly enough.

Let these detainees be charged.  Let evidence be presented.  And let a jury decide their fates under rule of law.  The United States must lead as a nation of laws.

  11 comments for “Gitmo Detainees win a round in the US Supreme Court

  1. David
    June 12, 2008 at 5:41 pm

    Finally, the Supreme Court stands apart from the Bush administration on an issue with consistency.

    John McCain will never be allowed to take women’s rights away.

  2. Citizen Betty
    June 12, 2008 at 5:42 pm

    Gitmo detainees win a round?
    I think America wins a round with this decision.
    It’s a victory for the rule of law.

  3. Carl Weibel
    June 12, 2008 at 8:00 pm

    This illustrates the number one reason why anybody who truly cares about civil liberties MUST support Barack Obama in November: Supreme Court nominations. The justices are getting up there in age and there should be some retirements in the next 4 years. McCain has promised more right wing justices like Scalia. Obama voted against right wing justices Alito and Roberts. The choice couldn’t be more clear.

  4. Dan Chmielewski
    June 12, 2008 at 9:19 pm

    Betty — you are absolutely right. Car — I wonder how long the Bush administration wants these dentainees held without charges?

  5. cook
    June 13, 2008 at 11:53 am

    Where does America’s law stop?

    I wonder if it would be better if the USA turned over these people to Iraq or Afghanistan for “settlement of issues “ , whatever those issues are. And what would our Supreme Court would say if those other countries decided that all should be hanged or beheaded.

  6. June 13, 2008 at 12:15 pm

    Cook, you gotta stop comparing us to worse countries to make us seem better, we’ve always held ourselves to high standards. And I’m pretty sure our Iraqi and Afghan puppet governments don’t behead people. That would be 1) our Saudi and Egyptian allies, and 2) certain of the nastier insurgents who now sympathize with Al Qaeda.

  7. cook
    June 13, 2008 at 1:47 pm

    Vern, maybe you can tell that to Sadam and his henchmen.

  8. Dan Chmielewski
    June 13, 2008 at 2:14 pm

    Actually Cook, the heart of the Bush arguement was this was Cuba and not US soil (even though we contro the land under lease from Cuba). So if Gitmo is sovereign Cuban soil, and using the same arguement, then John McCain is ineligible to run for president because he was born on a military based in Panama.

  9. cook
    June 14, 2008 at 1:31 pm

    Well Dan it looks like we will have our 1st foreign born president next year.

  10. June 14, 2008 at 3:28 pm

    Cook? Saddam is dead. Hanged, I believe.

  11. Dan Chmielewski
    June 14, 2008 at 9:05 pm

    According to polling, Obama leads 47 to 41 percent. He may turb 4 red states blue: Nevada, Iowa, Colorado and Virginia

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