Justice Kennedy penned today's 5-4 court decision ruling that the Gitmo detainees have the right to challenge their detention in U.S. civilian courts.Yes folks that is one for the Constitution.
And this makes the third time the high court has ruled in the favor of these suspected terrorists rights to a trial. Both previous times, Congress and the Bush administration had to come up with new trial procedures. This decision from the court says those still aren't good enough.
The Court declared that Section 7 of the Military Commissions Act of 2006 was unconstitutional because it wanted to get rid of habeas corpus, despite the fact that our Constitution says this can only be done in cases of rebellion or invasion.
Chief Justice Roberts and Justices Alito, Scalia and Thomas were the dissenters. I will pause while you get over your shock.
Here is Salon's news item on the decision. Glenn Greewald also has more about the decision at Salon.com.
