Hurray for habeas corpus!

The Supreme Court ruled 5-4 that prisoners held at Guantanamo Bay do have the right to challenge their incarceration in federal court, that they can’t just be held forever, subject only to military courts (Combatant Status Review Tribunals). Kennedy wrote for the majority:

The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law. The Framers decided that habeas corpus, a right of first importance, must be a part of that framework, a part of that law.

I need to read up on why Congress thought it was a good idea to hold suspected terrorists indefinitely without the possibility of ever being heard by a civilian court. Just based on my scant knowledge of the situation, it seems like Congress based its policy enactments on the belief that America is in an epic battle with Nazis, except now they’re called terrorists, and that Americans are made safer when a 700 year old fundamental component of the rule of law is suspended. Because you know, the rule of law is such a pain in the ass when you’re trying to protect Americans from scary outsiders. God knows the terror they will inflict when they appeal their detention, or GASP, talk to a lawyer.

Please. The only people Americans ought to be scared of are elected representatives who issue statements like this:

“The American people are going to wake up tomorrow and be shocked to hear that a member of Al Qaeda has the same constitutional rights as an American citizen,” said [South Carolina Senator Lindsey] Graham.

Sen. John Cornyn (R-Texas) accused the court of “moving the goal posts on what the constitution requires” by changing the existing law regarding the rights of detainees.

“This decision will come at a cost,” said Rep. Duncan Hunter of California, the top Republican on the House Armed Services Committee. “The Supreme Court just moved us closer to the day when U.S. Marine rifle teams will have to have lawyers read Miranda rights to terrorists captured on the battlefield.”

What blowhards. Based on my currently limited knowledge of the Constitution and 12 weeks of legal training, I’m pretty sure they’re full of it and grotesquely misrepresenting what’s going on and the core legal principles at issue.

Anyway, here’s the epic 134 page opinion. The NY Times has this article here, and a brief explanation of habeas corpus here.

UPDATE: For a thorough analysis of the opinion and its impact, see the SCOTUS Blog here.

-WK