The Supreme Court rules 5 to 4 that Guantanamo detainees have a right to habeas corpus, that is they have a right to challenge their detention in U.S. courts. Today the Court has upheld a right that has been enshrined in the western tradition since 1215 and the signing of The Magna Carta.
"The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
- Justice Anthony Kennedy writing for the majority today.
It's hard to understate the significance of this ruling. In 2006 the Republican Congress (enabled by men like Democratic Senator Ken Salazar) and President Bush sought to overturn a fundamental right that has been a corner stone of our western justice system for nearly 800 years.
Habeas Corpus is designed to protect the rights of the individual against arbitrary actions perpetuated by the state. Allowing Congress and this President to cast aside such a fundamental right at their whim would, in my mind, call in to question the future of our republic. If the state has within their power the right to imprison whomever they choose and the imprisoned have no right to petition against unlawful detention then no other rights would retain their worth and no other rights could possibly be safe from a tyrannical state.
In case there is any doubt as to where the modern conservative movement stands in regards to individual freedoms, in regards to the rule of law and in regards to the very idea of a democratic republic note that the minority today was composed of Chief Justice John Roberts, Justice Samuel Alito, Justice Clarence Thomas and Justice Antonin Scalia. History will judge them harshly.
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