From SCOTUSblog:
In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights. If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion.
Read the rest of the SCOTUSblog summary here:
Read the opinion of the Court here.
Read Marty Lederman on what has and has not been come from this ruling here, here, and here!
I have some thoughts I am collating on the ruling and what it might mean in a more meta-institutional level, but this should get you started on its legal implications.
June 13, 2008 at 3:56 am |
This is a great day for American constitutionalism. It is shocking, however, that four-ninths of the United States Supreme Court find compelling justification to imprison innocent men (i.e., those who might be exonerated at trial) for life without trial in a constitutionally recognized judicial proceeding.
My take on this case is posted here.