US Supreme Court allows Guantanamo prisoners appeals

Not what Bush & crew had in mind before the next election.

"WASHINGTON (Reuters) - Guantanamo Bay prisoners have the right to go before U.S. federal judges to challenge their years-long detention, the Supreme Court ruled on Thursday in a stinging setback for the Bush administration.

By a 5-4 vote, the high court overturned a ruling that upheld a law President George W. Bush pushed through the Republican-led Congress in 2006 that took away the habeas corpus rights of the terrorism suspects to seek full judicial review of their detention.

"We hold these petitioners do have the habeas corpus privilege," Justice Anthony Kennedy wrote for the court majority in the 70-page opinion, portions of which he read from the bench.

Habeas corpus is a long-standing legal right that allows prisoners to challenge their confinement by the government. Kennedy said Congress had failed to create an adequate alternative for the prisoners held at the U.S. military base in Cuba to contest their detention."
At long last, America's moral compass is starting to point North again. Maybe there's hope yet.
Man to watch on this kind of stuff its his meat and drink:

Supreme Court restores habeas corpus, strikes down key part of Military Commissions Act

(updated below)

In a major rebuke to the Bush administration's theories of presidential power -- and in an equally stinging rebuke to the bipartisan political class which has supported the Bush detention policies -- the U.S. Supreme Court today, in a 5-4 decision (.pdf), declared Section 7 of the Military Commissions Act of 2006 unconstitutional. The Court struck down that section of the MCA because it purported to abolish the writ of habeas corpus -- the means by which a detainee challenges his detention in a court -- despite the fact that the Constitution permits suspension of that writ only "in Cases of Rebellion or Invasion."

As a result, Guantanamo detainees accused of being "enemy combatants" have the right to challenge the validity of their detention in a full-fledged U.S. federal court proceeding. The ruling today is the first time in U.S. history that the Court has ruled that detainees held by the U.S. Government in a place where the U.S. does not exercise formal sovereignty (Cuba technically is sovereign over Guantanamo) are nonetheless entitled to the Constitutional guarantee of habeas corpus whenever they are held in a place where the U.S. exercises effective control.

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