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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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To: DevSix
Our party foolishly did not put up a true conservative

I agree totally with everything you said except the above. Not just you, but far too many people simply do not understand what a political party is, what it's purpose is, and how it functions. People also do not understand that ever since the primary system was created, people select themselves to become candidates. Parties don't do it.

The people who put their names in the ring, filed the necessary papers, organized a campaign team, and got their names on state ballots, were the people from whom we had to choose our nominee. No party selected them to run. No party winnowed them down to John McCain. Voters did that.

I don't have more time now to write a more complete explaination and response, but felt it was important to try (once again) to get this point across. Ordinary people who voted in the Republican primaries selected John McCain, not the Republican Party. The party closes rankes around a candidate only after he became the presumptive nominee.

81 posted on 06/12/2008 12:13:04 PM PDT by Wolfstar (Only a selfish, idiotic coward thinks the way to win in politics is for his own side to lose.)
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To: bill1952

The McCain apologists just keep trying to tell themselves that McCain is someone other than what he has proved himself to be. Funny how they pretend he is on their side in this.

Sad thing that.


82 posted on 06/12/2008 12:13:10 PM PDT by dforest (I had almost forgotten that McCain is the nominee. Too bad I was reminded.)
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To: ruschpa

It does matter. We need one more conservative justice.


83 posted on 06/12/2008 12:14:19 PM PDT by doug from upland (Stoppi..ng Hillary should be a FreeRepublic Manhattan Project)
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To: All
Here is who voted which way:

"Justice Anthony Kennedy wrote the majority opinion and was joined by Justices John Paul Stevens, Stephen Breyer, David Souter and Ruth Bader Ginsburg. Dissenting were Chief Justice John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito."

Supreme Court Lets Guantanamo Prisoners Challenge Detention in U.S. Courts

84 posted on 06/12/2008 12:14:42 PM PDT by FocusNexus ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: MartinStyles
And ginsburg

how can I vote for a man who voted for this?


85 posted on 06/12/2008 12:15:03 PM PDT by bill1952 (I will vote for McCain if he resigns his Senate seat before this election.)
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To: DeaconBenjamin

No more f’ing prisoners. Kill every damned one of them! I hope that one or two of the homicidal maniacs who get off because of this ruling take the opportunity to visit Ginsberg or Kennedy or Souter and thank them in person.


86 posted on 06/12/2008 12:15:03 PM PDT by pgkdan (Tolerance is the virtue of the man without convictions - G.K. Chesterton)
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To: Joiseydude

“Let them address their accuser in a military court, NOT in a US civilian court. They’re NOT United States citizens, they don’t deserve the rights of United States citizens.”

One could also argue that they’re not military personnel of a sovereign state either. At the same time, don’t forget that there are US citizens in GITMO too.

Call me what you like, but allowing the government to selectively suspend Habeas Corpus is a dangerous precedent to set.


87 posted on 06/12/2008 12:15:45 PM PDT by Dr. Marten
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To: Dr. Marten

Do you want them to be read their Miranda rights?

They are NOT American citizens, so you have no problem if they have the same rights as you do as an American citizen?

Rule of law? These people are combatants, not civilians. They carry guns and really nasty stuff to blow things up and kill people. This is otherwise known as the ENEMY.

It appears some here hold their citizenship lightly.


88 posted on 06/12/2008 12:16:21 PM PDT by alarm rider (Peace! through superior fire power....)
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To: Dr. Marten
the government is going to detain someone indefinitely, they should have every right to address their accuser. Isn’t that a basic aspect to the rule of law?

It should not apply to non citizen terrorists. If you are not part of a regular army or militia and caught trying to kill US soldiers or citizens, you should have no rights whatsoever.

89 posted on 06/12/2008 12:16:45 PM PDT by A.Hun (Common sense is no longer common.)
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To: Angry Write Mail

“Can You Spot The Enemy In This Photo?”

Yes all the ugly one’s.


90 posted on 06/12/2008 12:17:14 PM PDT by angcat (Indian name "She who yells too much")
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To: bill1952

I agree, it sucks. But we have to at least try to avoid a sharpton or hillary that obama will pull with a strong dem senate.


91 posted on 06/12/2008 12:18:22 PM PDT by MartinStyles
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To: DeaconBenjamin
Well, this leaves just the most practical solution. Release all of them, back to the rat holes they came from, except those who they can clearly prove are POWs.

When any of the ones we had to let go, kill an innocent civilian in any country through an act of terror - send out a death squad, track them down, kill them and everyone they associate with.

If we can't hold them, we'll have to kill them to protect ourselves.

F*cking liberals are dedicated to destroying America...

92 posted on 06/12/2008 12:19:44 PM PDT by Beatthedrum
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To: DeaconBenjamin

“Perhaps they’ve also considered the consequences of McCain naming judges and acted accordingly.”

McCain said he will appoint judges liek Scalia and Alito.

We know for sure what kind of judges Obama will appoint.


93 posted on 06/12/2008 12:19:44 PM PDT by FocusNexus ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: alarm rider

They aren’t just enemies. They are ILLEGAL COMBATANTS.

These people are devoid of ALL legal protection.

I can’t believe the USSC is protecting them.


94 posted on 06/12/2008 12:19:44 PM PDT by MartinStyles
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To: FocusNexus
"We need more judges like Scalia and you can bet those are not the types of judges Obama will appoint."

Neither will McCain...he said so himself

95 posted on 06/12/2008 12:21:16 PM PDT by Las Vegas Ron (Election '08, the year McCain defined the word "dilemma")
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To: FocusNexus
"Justice Anthony Kennedy wrote the majority opinion and was joined by Justices John Paul Stevens, Stephen Breyer, David Souter and Ruth Bader Ginsburg. Dissenting were Chief Justice John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito."

How comfortable are you about Anthony Kennedy being the final determinant of what the Founders really meant by the Second Amendment?

96 posted on 06/12/2008 12:22:04 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: Las Vegas Ron

We’re in the middle of a hard shift to the left, nationally, politically and so on.

We need to minimize it, and for now that’s McCain. You just aren’t going to get a conversative situation going right now. People are too damn stupid in general.


97 posted on 06/12/2008 12:22:26 PM PDT by MartinStyles
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To: doug from upland
We need one more conservative justice.

And who would nominate him or her?

98 posted on 06/12/2008 12:22:28 PM PDT by DeaconBenjamin
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To: okie01

Goodbye gun rights.


99 posted on 06/12/2008 12:23:06 PM PDT by MartinStyles
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To: DeaconBenjamin

SCOTUS is so far outside their own jurisdiction, and into the Executive’s, it isn’t even the least bit funny.

Bush should tell the so-called Supreme Court that if they want to do something about it, they should send their army to do so. Otherwise, take a flying leap.

But he won’t, of course, because he’s a judicial supremacist.


100 posted on 06/12/2008 12:23:35 PM PDT by EternalVigilance (McCain is 2008's Bob Dole...oh well, I'm sure Viagra can always use another spokesman...)
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