Posted on 06/28/2004 7:52:56 AM PDT by BearFan
WASHINGTON (Reuters) - The U.S. Supreme Court (news - web sites) ruled on Monday that foreign terrorism suspects at a U.S. military base at Guantanamo Bay in Cuba can use the American legal system to challenge their detention, a major defeat for President Bush.
By a 6-3 vote, the justices ruled that American courts do have jurisdiction to consider the claims of the prisoners who say in their lawsuits they are being held illegally in violation of their rights.
(Excerpt) Read more at story.news.yahoo.com ...
Wrong wrong wrong wrong wrong wrong wrong wrong wrong.....
Let me guess, O'Connor, Souter, Stevens, Breyer, Ginsburg, and Kennedy.
Sounds like SCOTUS's friends are:
http://www.cpusa.org/
http://www.dsausa.org/
DSA's "Progressive Caucas" Links below:
http://bernie.house.gov/pc/
http://bernie.house.gov/pc/members.asp
The Enemy Within!!!!
SCOTUS seems to be very confused this morning.
Hold on, this is Reuter's reportage.
Yep, the republic is __OVER__. Benjamin Franklin knew it, we couldn't keep a Republic. Alexander Tyler was also right. I just need 10 more years before I can afford to emigrate.
I can see why the 911 plotters did't have the SCOTUS on their list of targets.
Wouldn't want to rile up those who side with you all too frequently.
Even many of the justices just don't seem to get it. We are at war ..
Did the WTC and Pentagon victims and families get their day in court? You might say they did today.. and they lost, imo.
We all lost.
SCOTUS has been confused for a long time. OTOH, maybe they want pesky Gitmo cases to avoid dealing with issues real to Americans.
They should've had a military tribunal, pronto. Ridiculous decision.
Funny, MSNBC is calling it a victory for Bush.
This reminds me of the affirmative action rulings last year, where another O'Connor ruling tried to split the difference yet ended up with a confused mess.
It's a defeat. It's a victory. It's Both (SNL Desert/Floor Wax sketch)
I smell O'Connor and her love of "international law" all over this one.
Worst Supreme Court decision since Dred Scott.
You got it. Her and the rest of the DemocRAT mentality incompetents on that, and a lot of other courts in America today.
there are two rulings here. this part regarding the detainees is a sure defeat for Bush, and for all of us.
indeed. I could live with the part of the decision regarding Hamdi (maybe).
But this part on somehow bestowing US rights on non citizens being held as prisoners outside the US - is total insanity. total.
Who needs the ICC now?
Ronald Reagan's worst decision(along with Kennedy) during his Presidency, IMO.
Isn't there some provision for removing Supreme Court Justices from the bench for acts of Treason and or blatant violations of the US Constitution?
Apparenltly the Supreme Court held that "Freedom of Religion" includes the islamists practice of killing infidel to please their angry moon god, and should not be infringed by the lesser need for the infidel to live unmolested.
Gitmo is an special case, since the Cuban government has only a meaningless "sovereignty" over the area. The Cuban government cannot terminate the "lease" of the base, therefore, it is perpetually held by the US. If the US abandons the area, then the Cuban government will be able to exert jurisdiction. Until then, Gitmo is de facto American colony.
Other US military bases overseas do not follow this model.
Justice John Paul Stevens said for the majority that U.S. courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay.The justices overturned a U.S. appeals court ruling that dismissed the lawsuits on the grounds that the military base was outside U.S. sovereign territory and that writs of habeas corpus were unavailable to foreign nationals outside U.S. territory.
Let them be martrys.
Eliminate the terrorists, don't detain them.
No surrender.
No negotiating with terrorists.
The U.S. Constitution is for the benefit of U.S. citizens. No one else.
Maybe another Amendment is necessary so the pointy headed elitists on SCOTUS will remember who they really work for - Americans.
http://www.freerepublic.com/focus/f-news/1161671/posts
It's a blessing...
and a curse.
I think this report is way off the mark. I heard the the SCOATA only held that American Citizen's at GITMO had this right.
ditto - what you said.
This is crazy.
Did we grant access to US courts for POWs held here in WWII?
I would fly all these prisoners to Afghanistan then, right away, before the ACLU starts filing to have them released.
Of course Congress can pass a bill saying that the federal courts cannot hear any case relating to terrorists captured outside the U.S. All it takes is a simple majority vote and the Supreme Court is powerless to stop or over turn it.
actually, yes.
It's a blessing...
and a curse.
So.... thinking of SNL skits is a blessing and a curse?
I'd agree with that.
Dammit, those liberal, America-hating SCOTUS scumbags just tied another arm behind all of us.
How do we recall them, or isn't that possible?
Same way the President would be. Impeachment by the House followed by trial and convection or acquittal by the Senate.
Guess that means we take no more prisoners...
I agree.
Either that, or buy off some island in the Indian Ocean, such as Diego Garcia, where the local government will be allowed to retain meaningful sovereignty over the island.
So the justice system is accessible to citizens and non-citizens alike.
Good call.
For crimes committed outside the POW camps or as grievances redress?
I'd be grateful for backup links as that topic is not my forte.
That sensational German informant case where the killers were executed (hung I think)...that was by a martial jury was it not?
"Same way the President would be. Impeachment by the House followed by trial and convection or acquittal by the Senate."
I sure hope GOPers in the House get spitting mad and do it, and maybe the GOPers in the Senate will grow some spines or cajones.
Nah, won't happen. I have confidence in the House, but the Senate is garbage, with a few exceptions (Santorum, Miller etc...).
Only if we can tax al Qaida!
correct, courts marshal only.
I think this is good. The system for war has shown it works. We can have a president make emergency orders restricted rights for a period of time while the courts slowly churn along and put those rights back. Its how it is supposed to work.
Well...it is. If you consider pandering to the left "victory".
actually, I wonder now if a US military base in a foreign country can be declared by the Court as being a de-facto colony of the US? I think it can based on this ruling, the country may be soverign, but the US base may not be.
Its not too far fetched...aren't our embassies in foreign lands actually considered soverign land of the U.S.?
Apparently this doesn't apply to bases on foreign soil. The problem with Gitmo is that while it is "leased" from Cuba, they cannot terminate the lease.
The solution is to setup a camp in Afghanistan and ship the terrorists there. This puts them out of the reach of the Supreme Court.
we have facilities in Afghanistan. but the court would likely issue an order to stop the flight of Gitmo detainees there.
Let 'em loose and we'll have homicide bombers blowing up our shopping malls, just like Israel. But we'll be a "just" society! (barf)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.