Gitmo Detainees’ Right to Habeas Corpus Affirmed by Supreme Court

Seen at SCOTUSBlog:

In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights.  If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion.

The Court stressed that it was not ruling that the detainees are entitled to be released — that is, entitled to have writs issued to end their confinement. That issue, it said, is left to the District Court judges who will be hearing the challenges. The Court also said that “we do not address whether the President has authority to detain” individuals during the war on terrorism, and hold them at the U.S. Naval base in Cuba; that, too, it said, is to be considered first by the District judges.

I had thought from my old Social Studies classes that the rights enumerated by the Bill of Rights were inalienable rights applicable to all people.  Heck, we fought a civil war 140-plus years ago over the question of whether those rights should belong to just some folks, or all…and the “all” crowd won.

It’s nice to see a bit of that upheld, despite Washington’s best efforts to the contrary.

I don’t necessarily object to the idea that folks who really are set on doing Americans harm should be detained.  I also don’t necessarily object to the idea of radical measures being taken during a legitimate emergency.

However, it’s been almost seven years since 9/11.  You’d think that our political leaders have had ample opportunity to work out how to provide such protection without throwing away the rights our ancestors died to protect.

One other comment that merits highlighting:

Even though the two political branches — the President and Congress — had agreed to take away the detainees’ habeas rights, Kennedy said those branches do not have “the power to switch the Constitution on or off at will.”

Thank-you Justice Kennedy, for pointing out something that should have been obvious all along.