In my classes, we discussed and read about this case when it went to trial back in December. If you don't remember, the case arose from a challenge to the Military Commissions Act, which basically said that inmates detained at Guantanamo Bay, Cuba, have no right to challenge their detention in U.S. Courts (only in secretive military tribunals). The act denied them the right to file habeas corpus decisions to challenge their detentions in U.S. Courts.
Bush tried to do this through an executive order earlier in his presidency, but the Court smacked down his plan. Republicans in Congress figured that if the action was sanctioned by an act of Congress, the Court would not see it as giving too much power to the executive branch.
Except for one really important thing.
It still violates the bedrock principles of due process enshrined in our Constitution and that we profess to believe in as a nation. If someone is guilty, we have to have enough faith in our justice system that the truth will prevail. Why not let them make a habeas corpus petition to U.S. Courts? It doesn't mean they are going to be set free. It just means there must be charges and enough evidence to warrant holding a prisoner.
A quote from the majority opinion of the Court written by Justice Anthony Kennedy: "Security depends upon a sophisticated intelligence apparatus and the ability of our Armed Forces to act and to interdict....Security subsists, too, in fidelity to freedom's first principles."
Read more about it:
Guantánamo detainees win right to court review csmonitor.com
Justices Rule Terror Suspects Can Appeal in Civilian Courts
The Republic on a Knife's Edge
Update - 6/14/08
Lots more commentary on the case, known as Boumediene v. Bush, has been appearing all over. Here is some:
A Blow Against Tyranny
Guantanamo detainees have constitutional rights, Supreme Court says
Early Reaction to Boumediene. by legal scholar Marty Lederman
A Victory for the Rule of the Law by Eugene Robinson
Why This Court Keeps Rebuking This President - New York Times
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1 comment:
I dont think that they would allow them to have habeas corpus in US courts because we have the fear of the chance that they could be let free. We feel like security is more important than some peoples freedom and because of our nations past, sometimes than can be a good thing, however we cannot look at this situation any different and must embrace what is right.They definetely should have habeas corpus petition in US Courts
Kyle Johnson
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