Guantanamo Detainees Have Rights After All!!

I am so happy to be wrong on my prediction that the case would go the other way.  Maybe I am just too negative.  I have not read the opinion yet but here is the NY Times article and it applies to non-US detainees.  The article says that Kennedy’s 5-4 majority opinion says that “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”   Yay!  Someone gets it.  Not another Korematsu to look back on with shame. 

Now to read the opinion – it is not even up on the Supreme Court site as I type this, but I will post a link as soon as I have one.

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2 Responses to Guantanamo Detainees Have Rights After All!!

  1. dspett says:

    Scalia said the nation is ”at war with radical Islamists” and that the court’s decision ”will make the war harder on us. It will almost certainly cause more Americans to be killed.”

    Is this really his rationale for dissenting? It strikes me as blatantly political. I would have expected him to at least pretend to have some constitutional/legal argument… no?

  2. vickywoeste says:

    If that’s what Scalia said, then he must have been apoplectic at being on the losing end of that 5-4 vote . . . he didn’t even go through the motions of sounding judicial . . . Can’t wait to read this one, either, LB–I can’t believe it myself.

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