Spring Break
Supreme Court stands by Justice
Sean Reed
Issue date: 6/25/08 Section: Opinion
Justice is making a comeback.
In a 5-4 vote, the U.S. Supreme Court dealt a striking blow to the Bush administration on June 12 by ruling that so-called enemy combatants being held at Guantanamo Bay, Cuba have the right to challenge their detention in federal court.
The Court's majority opinion, written by Justice Anthony Kennedy, overturned part of the Military Commissions Act of 2006 that removed federal court jurisdiction to hear habeas corpus petitions from Guantanamo detainees.
This ruling puts an end to six years of shady U.S. anti-terror policy that began when the first detainees were brought to the camp in 2002, and has stirred up a political hornet's nest perfect for election season.
The dissenting justices were scathing in their retort and, in the opinion written by Justice Antonin Scalia, suggested the move "would almost certainly cause more Americans to be killed," an idea that was quickly picked up by the right.
According to the New York Times, at a town hall meeting in New Jersey the day following the announcement of the ruling, presumptive Republican presidential candidate Sen. John McCain echoed the sentiments of the dissenters and called it "one of the worst decisions in the history of the country."
Of course, the detractors of this important ruling are forgetting one important thing: if the detainees are allowed to challenge their imprisonment in the courts -- one of our most sacred constitutional protections from tyranny -- it does not necessarily mean they will be set free.
By granting the prisoners the right of habeas corpus, the Court is merely requiring that the Bush administration submit evidence to appealing detainees that they are being held lawfully.
If a case can be presented for why an individual detainee is being held, they aren't going anywhere.
However, if no such evidence exists, detention will end. And that's really the way it should be. The great fear in all this, of course, is that guilty terrorists will go free. And it definitely is a possibility. But, given the track record of the Guantanamo facility, many of the guilty already have.
In a 5-4 vote, the U.S. Supreme Court dealt a striking blow to the Bush administration on June 12 by ruling that so-called enemy combatants being held at Guantanamo Bay, Cuba have the right to challenge their detention in federal court.
The Court's majority opinion, written by Justice Anthony Kennedy, overturned part of the Military Commissions Act of 2006 that removed federal court jurisdiction to hear habeas corpus petitions from Guantanamo detainees.
This ruling puts an end to six years of shady U.S. anti-terror policy that began when the first detainees were brought to the camp in 2002, and has stirred up a political hornet's nest perfect for election season.
The dissenting justices were scathing in their retort and, in the opinion written by Justice Antonin Scalia, suggested the move "would almost certainly cause more Americans to be killed," an idea that was quickly picked up by the right.
According to the New York Times, at a town hall meeting in New Jersey the day following the announcement of the ruling, presumptive Republican presidential candidate Sen. John McCain echoed the sentiments of the dissenters and called it "one of the worst decisions in the history of the country."
Of course, the detractors of this important ruling are forgetting one important thing: if the detainees are allowed to challenge their imprisonment in the courts -- one of our most sacred constitutional protections from tyranny -- it does not necessarily mean they will be set free.
By granting the prisoners the right of habeas corpus, the Court is merely requiring that the Bush administration submit evidence to appealing detainees that they are being held lawfully.
If a case can be presented for why an individual detainee is being held, they aren't going anywhere.
However, if no such evidence exists, detention will end. And that's really the way it should be. The great fear in all this, of course, is that guilty terrorists will go free. And it definitely is a possibility. But, given the track record of the Guantanamo facility, many of the guilty already have.
Viewing Comments 1 - 3 of 5
Craig Hawley
posted 6/25/08 @ 12:07 PM MST
I'll give you tangible results. How about the detainees from Guantanamo who openly admit that if released they will kill Americans as son as they can , have not done so because they are in prison at Guantanamo. (Continued…)
Jim Montoya
posted 6/25/08 @ 11:26 PM MST
I agree that the supreme court made the right decision. As leaders in human rights it is the responsibilty of all Americans to be presented with the evidence against anyone accused of a crime. (Continued…)
Craig Hawley
posted 6/26/08 @ 10:42 AM MST
The Supreme Court did the right thing today , by stating that individuals have the right to bear arms not just militias or national guard.
What a great victory for gun owners and real Americans. (Continued…)
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