....” So who has won? Not the detainees.
The Court’s analysis leaves them with only the prospect of further litigation to determine the content of their new habeas right, followed by further litigation to resolve their particular cases,followed by further litigation before the D. C. Circuit— where they could have started had they invoked the DTA procedure.
Not Congress, whose attempt to “determine— through democratic means—how best” to balance the security of the American people with the detainees’ liberty interests, see Hamdan v. Rumsfeld, 548 U. S. 557, 636 (2006) (BREYER, J., concurring), has been unceremoniously brushed aside. Not the Great Writ, whose majesty is hardly enhanced by its extension to a jurisdictionally quirky outpost, with no tangible benefit to anyone.
Not the rule of law, unless by that is meant the rule of lawyers, who will now arguably have a greater role than military and intelligence officials in shaping policy for alien enemy combatants.
And certainly not the American people, who today lose a bit more control over the conduct of this Nation’s foreign policy to unelected, politically unaccountable judges.
I respectfully dissent.”
Should be required reading for everyone!
And I disrespectfully dissent.
Terry Schaivo
The "content of their habeas right" is where the real danger lies. Do they have a right to a "speedy trial of their peers"?? As ludicrous as it may seem, this would empty Guantanamo very quickly and eliminate any POW type combatant holds.
"Right to effective counsel" would put these guys on the street as well as warming the hearts of ambulance chasers everywhere.
Where to they get put out on the street. Could we hand them over to a friendly government who would just jail them again? Doubt that.
This is a real can of worms.
Powerful, but because of Reagan's misguided trust in another miserable Kennedy from Sacramento's McGeorge School of Law, not powerful enough!!!
This ruling will have the same detrimental effect on our troops as the miserable Endangered Species Act has had on our farmers and ranchers as they have been forced to "shoot, shovel and STFU!"