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SCOTUS Gives Terrorists Right To Appeal

From an elated Associated Press:

High Court sides with Guantanamo detainees again

By MARK SHERMAN, Associated Press Writer

WASHINGTON – 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.”

Kennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances.

It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al-Qaida and the Taliban.

The ruling could resurrect many detainee lawsuits that federal judges put on hold pending the outcome of the high court case. The decision sent judges, law clerks and court administrators scrambling to read Kennedy’s 70-page opinion and figure out how to proceed. Chief Judge Royce C. Lamberth said he would call a special meeting of federal judges to address how to handle the cases…

The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.

The administration had argued first that the detainees have no rights. But it also contended that the classification and review process was a sufficient substitute for the civilian court hearings that the detainees seek.

In dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called “the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.”

Justices Samuel Alito, Antonin Scalia and Clarence Thomas also dissented.

Scalia said the nation is “at war with radical Islamists” and that the court’s decision “will make the war harder on us. It will almost certainly cause more Americans to be killed.”

Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens joined Kennedy to form the majority.

Souter wrote a separate opinion in which he emphasized the length of the detentions.

“A second fact insufficiently appreciated by the dissents is the length of the disputed imprisonments, some of the prisoners represented here today having been locked up for six years,” Souter said. “Hence the hollow ring when the dissenters suggest that the court is somehow precipitating the judiciary into reviewing claims that the military … could handle within some reasonable period of time.” …

The head of the New York-based Center for Constitutional Rights, which represents dozens of prisoners at Guantanamo, welcomed the ruling

This is, of course, insane.

We simply cannot give US citizens’ rights and US court trials to prisoners of war, let alone terrorists. That way lies madness. (And a lot fewer prisoners being taken.)

Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

Apparently, it isn’t just the law that is an ass.

And it has nothing to do with the Constitution, and so should be outside the purview of the Supreme Court.

Terrorists are not US citizens. They are not on US soil. They are not subject to US laws. They are not entitled to US rights.

No matter what five black robed mullahs decree.

Souter wrote a separate opinion in which he emphasized the length of the detentions.

That is rich, is it not? The detentions have been so long because of the government (and Soros) funded lawyers dragging this out with frivolous appeals. Which this decision will only encourage.

Indeed, the AP has updated this very article and given it the new headline: “High Court ruling may delay war crimes trials.”

But never mind all that, Mr. Souter.

The head of the New York-based Center for Constitutional Rights, which represents dozens of prisoners at Guantanamo, welcomed the ruling.

That would be Mr. Michael Ratner. And of course he would welcome this ruling.

http://rwor.org/photos/nov2-2005slides/mediafiles/l42.jpg

Michael Ratner addresses a “World Can’t Wait, Drive Out The Bush Regime” rally, sponsored by the Communist Party.

Michael Ratner is the head of the Communist front America-hating group that is defending almost all of the accused terrorists detained in Guantanamo.

He and the rest of the Center for Constitutional Rights (a 501c3 tax exempt “charity”) hate this country and worked long and hard to try to destroy its legal system.

They are terrorists with briefcases. And they are doing everything in their power to aid and abet their terrorist allies.

And, alas, they are getting their way. Thanks to five like-minded souls on the Supreme Court.

By the way, the photo at the top is what Yahoo News chose to run alongside this article.

Funny how the detainees are never portrayed in their $800 Brooks Brother suits, supplied at US taxpayer expense.

This article was posted by Steve on Thursday, June 12th, 2008. Comments are currently closed.

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