SCOTUS rules FOR Detainees in Gitmo.
June 12th, 2008 | by Dusty |
In a ruling that is sure to send shivers down the spine of every loyal Bushie, The Supremes ruled this morning that detainees at Guantanamo have the right to appeal to US civilian courts. From the MSNBC writeup:
The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.
In its third rebuke of the Bush administration’s treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court’s liberal justices were in the majority.
Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”
For once they got it right..the Constitution must survive even the attacks on it from within. Justice Kennedy, was the swing vote, I would bet my last devalued dollar on it. Read the entire ruling here.
A key piece of the ruling below. H/T to Slate writer Deborah Perlstein.
The Government argues petitioners must seek review of their CSRT determinations in the Court of Appeals before they can proceed with their habeas corpus actions in the District Court. As noted earlier, in other contexts and for prudential reasons this Court has required exhaustion of alternative remedies before a prisoner can seek federal habeas relief. … The cases before us, however, do not involve detainees who have been held for a short period of time. … Were that the case, or were it probable that the Court of Appeals could complete a prompt review of their applications, the case for requiring temporary abstention or exhaustion of alternative remedies would be much stronger. These qualifications no longer pertain here. In some of these cases six years have elapsed without the judicial oversight that habeas corpus or an adequate substitute demands. And there has been no showing that the Executive faces such onerous burdens that it cannot respond to habeas corpus actions. To require these detainees to complete [MCA] review before proceeding with their habeas corpus actions would be to require additional months, if not years, of delay. The first [MCA] review applications were filed over a year ago, but no decisions on the merits have been issued. While some delay in fashioning new procedures is unavoidable, the costs of delay can no longer be borne by those who are held in custody. The detainees in these cases are entitled to a prompt habeas corpus hearing.
Prompt? With BushCo still leading the charge? I doubt that..
Crossposted at Sirens Chronicles.
15 Responses to “SCOTUS rules FOR Detainees in Gitmo.”
By Windspike on Jun 12, 2008 | Reply
Of course, the riechwingers are going to scream “activist” judges, “activist” judges, but W appointed a number of them.
By Dusty on Jun 12, 2008 | Reply
Justice Kennedy has been the swing vote all along during these BushCo years.
He loves it..being the huge attention whore that he is. At least this time he ruled with the folks that want to protect our Constitution and Habeas Corpus.
By Tom Harper on Jun 12, 2008 | Reply
Oh my God, No! Special privileges for turrists? What’s this pinko “constitution” you speak of?
By Dusty on Jun 12, 2008 | Reply
Cute Tom.
The rightwing bloggers will be foaming at the mouth over this I bet.
By Paul Merda on Jun 12, 2008 | Reply
Yeah! About time…
By Dusty on Jun 12, 2008 | Reply
McSame has of course commented on this ruling. His pov? We should all listen to Judge Roberts on this issue, who was on the other side of the decision.
Yeah Right!!!
By Lisa on Jun 12, 2008 | Reply
They are damn lucky. Too bad our citizens don’t have the same protection abroad.
And this protects us better how?
I like the way people say this a blow to the Bush Administration and not the American people. You know the ones who’s tax dollars are paying for it.
I bet there are more people against it than are for it.
By Dusty on Jun 12, 2008 | Reply
Wev Lisa. Your deluded principles forget one thing:
They are in US custody. Many of them possibly picked up via extraordinary rendition.
We were already paying for their defense team..jesus christ..how do you get to where you are on these issues?
By Lisa on Jun 12, 2008 | Reply
Many of them possibly picked up via extraordinary rendition.
I highly doubt that. I’d rather they not be made public.
How do you get to where you are on the issues? Always taking the side of the enemy.
But I guess if Barack or Clinton were president this wouldn’t be an issue to you or the media just like the media defended Echelon saying it was a neccessary tool, Actually if we have a democrat president the media would siding with the democrat president. Right now it’s obvious who they support for president.
By Dusty on Jun 12, 2008 | Reply
http://www.guardian.co.uk/world/2008/jun/02/usa.humanrights
http://www.salon.com/news/feature/2007/12/14/bashmilah/
http://writ.lp.findlaw.com/mariner/20080409.html
Read much Lisa?
By Dusty on Jun 12, 2008 | Reply
And this is total bullshit and Sandy territory Lisa:
Always taking the side of the enemy.
By Fred on Jun 12, 2008 | Reply
By Dusty on Jun 12, 2008 | Reply
And this is total bullshit and Sandy territory Lisa:
Always taking the side of the enemy.
How do you know they are the enemy? They have never been tried and convicted of anything. Some were merely in the wrong place at the wrong time. Some were sold to the Americans and some were turned over because they weren’t from the area and looked ‘foreign’. Those are not reasons for you to be scared. You should be scared when King W thinks he alone can re-write the law. You should thank the Supremes – they did right by our Constitution.
By windspike on Jun 12, 2008 | Reply
A blow to the Bush administration is not a blow, thankfully, to the American People. Lisa’s a bit confused as to whom the enemy is here. In my view, it’s George Bush who has done more harm to our country than all of the 9/11 terrorists. Truly. The economic affect of his actions alone are proof enough.
By mr bigstuff on Jun 12, 2008 | Reply
damn right lisa. we need to quit sending our hard earned tax dollars all the way down there to cuba. that money’s better off spent here in east tennessee on bullets. there’s 3 or 4 sombitches round here that need shootin’. one of ‘em sent my high paying factory job off to india. another one cancelled my health insurance. this other sombitch down at the exxon stop-n-go climbs up that gas price sign every other day and raises them gas prices up 10 or 15 cents with a big ass smirk on his face. he’s a hunkered over bald headed motherfucker with glasses and a pacemaker. he likes to drink when he goes hunting. he calls himself dick or something or other.
By Jet Netwal on Jun 12, 2008 | Reply
Lisa, your “enemy” comment is inappropriate. You must discuss without libeling other posters and commenters. Stop it.