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U.S. Supreme Court backs Guantánamo prisoners' right to appeal
International Herald Tribune ^ | June 12, 2008

Posted on 06/12/2008 7:04:11 AM PDT by DeaconBenjamin

WASHINGTON: The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantánamo Bay, Cuba, have rights under the U.S. Constitution to challenge their detention in civilian courts.

The justices handed the Bush administration its third setback at the high court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba. The vote was 5 to 4, with the court's liberal justices 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."

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 six years. About 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to Al Qaeda and the Taliban.

(Excerpt) Read more at iht.com ...


TOPICS: Breaking News; Constitution/Conservatism; Foreign Affairs; Government; News/Current Events; War on Terror
KEYWORDS: aliens; alqaeda; boumediene; boumedienevbush; detainees; elections; enemycombatant; enemycombatants; gitmo; judiciary; mccain; obama; ruling; scotus; taliban; wot
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1 posted on 06/12/2008 11:10:51 AM PDT by DeaconBenjamin
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To: DeaconBenjamin

It just proves that it does matter who sits on the Supreme court and for that matter, who selects them...


2 posted on 06/12/2008 11:13:29 AM PDT by ruschpa
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To: DeaconBenjamin

Testing 123 are we back up?


3 posted on 06/12/2008 11:14:13 AM PDT by Las Vegas Ron (Election '08, the year McCain defined the word "dilemma")
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To: DeaconBenjamin

Effin’ SCOTUS just gave the Gitmo detainees a get out of jail free card.


4 posted on 06/12/2008 11:15:25 AM PDT by Joiseydude
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To: Joiseydude

“Effin’ SCOTUS just gave the Gitmo detainees a get out of jail free card.”

No, we’ll just find an Arab ally that is willing to hold them, and interrogate them, and if there is anything left of them after that, house and feed them.


5 posted on 06/12/2008 11:37:53 AM PDT by RFEngineer
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To: DeaconBenjamin

Related...

http://exposingtheleft.blogspot.com/2008/06/court-gives-detainees-habeas-rights.html


6 posted on 06/12/2008 11:38:17 AM PDT by traderrob6
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To: DeaconBenjamin

It is another reason that the left supports terrorist and the destruction of these United States. If they are allowed to be freed then they should be sent to the cities where the lawyers, and the people who paid the lawyers, came from that support al-Qaeda and got them free so they can be near their Comrades.


7 posted on 06/12/2008 11:39:22 AM PDT by YOUGOTIT (The Greatest Threat to our Security is the Royal 100 Club)
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To: DeaconBenjamin

This Supreme Court, supremely “useless” in a time of war.


8 posted on 06/12/2008 11:39:31 AM PDT by gitmogrunt (No Democrat ot Republican will get my Vote in '08. Death before Dishonor!)
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To: DeaconBenjamin

Democrat perfidy, they are traitors.

The President should defy this ruling!


9 posted on 06/12/2008 11:40:24 AM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: DeaconBenjamin

“Ever evolving, constantly changing”....


10 posted on 06/12/2008 11:40:28 AM PDT by SouthTexas (If you are not living on the edge, you are taking up too much space!)
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To: DeaconBenjamin
liberal justices in the majority
The justices handed the Bush administration its third setback at the high court since 2004

"Setback for America," he means. At least the liberals are clearly identified with this clearly anti-American stab.

That the justices asserted jurisdiction is an incredible contortion in conflict with so much of the rest of jurisprudence.

I see a conflict with the Executive Branch as the judiciary branch would attempt to wrest control some matters military away from the CIC. That can't be constitutional, which is a determination for the Executive Branch need not be dependent on the judiciary.

No question, though, Bush should have these enemy combatants removed to another foreign country to pre-empt further damage by the judiciary in this separation of powers conflict.

HF

11 posted on 06/12/2008 11:43:02 AM PDT by holden
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To: DeaconBenjamin
Man, and I actually thought we had a decent Supreme Court for the first time in years and years. I guess I was wrong.

The stench from the bench is making me clench.

12 posted on 06/12/2008 11:43:30 AM PDT by jpl ("Don't tell me words don't matter." - Barack Obama, via Deval Patrick)
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To: DeaconBenjamin
They don't appeal to me. bada-bing!

Seriously, I need to read the opinion but this appears to be one huge slippery slope. All we'll be left with is the Ripley Option.

13 posted on 06/12/2008 11:44:06 AM PDT by NonValueAdded (I tried to explain that I meant it as a compliment, but that only appears to have made things worse.)
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To: DeaconBenjamin

Let’s let Khalid Sheikh Ron Jeremy Rosie Mohammad out on bail and give him a subsidized apartment in downtown DC, with food stamps and a prepaid cellphone with international calling plan so he can call all his Islamist friends. That’s what they want, isn’t it?

}:-)4


14 posted on 06/12/2008 11:44:34 AM PDT by Moose4 (http://moosedroppings.wordpress.com -- Because 20 million self-important blogs just aren't enough.)
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To: DeaconBenjamin

Easy solution....TAKE NO PRISONERS! Dead terrorists don’t sue.


15 posted on 06/12/2008 11:44:45 AM PDT by RasterMaster (Rudy McRomneyson = KENNEDY wing of the Republican Party)
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To: Joiseydude

Interrogate and eliminate. Simple.


16 posted on 06/12/2008 11:45:56 AM PDT by unkus
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To: ruschpa

Not really. Reagan pick Kennedy and GHW Bush picked Souter. Had it not been for Alito, it would have been 6-3 not 5-4.


17 posted on 06/12/2008 11:46:09 AM PDT by Perdogg
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To: gitmogrunt

I hope people will wake their asses up after this ruling, but I doubt it.


18 posted on 06/12/2008 11:46:58 AM PDT by Perdogg
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To: Moose4

http://www.shearman.com/home.aspx

http://www.arnoldporter.com/

Sites of DC lawfirms representing terrorists.

http://hotair.com/archives/2007/12/11/debra-burlingame-testifies-about-terrorists-lawyers-and-guantanamo-today/


19 posted on 06/12/2008 11:48:06 AM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: Perdogg

Ford picked Stephens, so three appointees appointed by a Republican President. Kennedy is the swing vote.


20 posted on 06/12/2008 11:48:42 AM PDT by MBB1984
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