Moonglow
Diamond Member
The United States Supreme Court ruled 5-4 Thursday that prisoners held as âenemy combatantsâ at GuantĂĄnamo Bay, Cuba can immediately file habeas corpus petitions in US district courts challenging the legality of their confinement. Most have been held at the US naval base under brutal conditions, enduring solitary confinement and torture, for more than six years. None has ever had the merits of his case reviewed by a court of law.
The majority opinion in the case, Boumediene et al v. Bush, was authored by Justice Anthony Kennedy, considered the âswingâ vote on the court, and joined by the four high court liberalsâJohn Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer.
The ruling does not question the executive branchâs ability to declare someone an âenemy combatant,â an unprecedented power the Supreme Court upheld four years ago in Hamdi v. Rumsfeld. (See âThe meaning of the US Supreme Court rulings on âenemy combatantsââ) Nor does Kennedy order the release of any prisoner.
Nevertheless, Kennedyâs opinion is a rebuke to a cornerstone of the Bush administrationâs so-called âglobal war on terror.â By holding unconstitutional the provision of the 2006 Military Commissions Act (MCA) stripping GuantĂĄnamo Bay prisoners of their habeas corpus rights, the Supreme Court has stopped the Bush administration from continuing to use the naval base as a legal limbo, where it can imprison people indefinitely without regard for either domestic or international law.
US Supreme Court upholds habeas corpus for GuantĂĄnamo Bay prisoners - World Socialist Web Site
Since we are a nation of laws, theses detainees have the ability to be tried or released....Holding them in limbo undermines the laws of our nation..
The majority opinion in the case, Boumediene et al v. Bush, was authored by Justice Anthony Kennedy, considered the âswingâ vote on the court, and joined by the four high court liberalsâJohn Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer.
The ruling does not question the executive branchâs ability to declare someone an âenemy combatant,â an unprecedented power the Supreme Court upheld four years ago in Hamdi v. Rumsfeld. (See âThe meaning of the US Supreme Court rulings on âenemy combatantsââ) Nor does Kennedy order the release of any prisoner.
Nevertheless, Kennedyâs opinion is a rebuke to a cornerstone of the Bush administrationâs so-called âglobal war on terror.â By holding unconstitutional the provision of the 2006 Military Commissions Act (MCA) stripping GuantĂĄnamo Bay prisoners of their habeas corpus rights, the Supreme Court has stopped the Bush administration from continuing to use the naval base as a legal limbo, where it can imprison people indefinitely without regard for either domestic or international law.
US Supreme Court upholds habeas corpus for GuantĂĄnamo Bay prisoners - World Socialist Web Site
Since we are a nation of laws, theses detainees have the ability to be tried or released....Holding them in limbo undermines the laws of our nation..