Supreme Court says Gitmo detainees have right to challenge their detention in US courts

UPDATE: More from AP

The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts…. The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.

Huge decision from the US Supreme Court. And just as huge, the decision was 5-4. If John McCain becomes president, the court will shift to the right and this will be another decision, like Roe v. Wade, that will be overturned.

In a nutshell, the court concluded, from what I can find, that we don’t suspend the Constitution simply because bad men are trying to hurt us. And the fact that the bad men have dark skin and are Aye-rabs doesn’t matter either.

“The laws and Constitution are designed to survive, and remain in force, in extraordinary times,” Justice Anthony M. Kennedy wrote for the court.

As always, Scalia speaks for the scaredy-cat wing of the Republican party:

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.”

I’m afraid of the dark man isn’t a legal argument, Antonin. Nor is “it will save lives.” Having cops on the street summarily execute anyone suspected of any crime in America might save lives, it probably would in fact. That doesn’t justify suspending the Constitution and doing it. Scalia, like many conservatives, thinks that the Constitution was only written for the good times. In other words, it’s only for when you don’t need it.

Follow me on Twitter: @aravosis | @americablog | @americabloggay | Facebook | Instagram | Google+ | LinkedIn. John Aravosis is the Executive Editor of AMERICAblog, which he founded in 2004. He has a joint law degree (JD) and masters in Foreign Service from Georgetown; and has worked in the US Senate, World Bank, Children's Defense Fund, the United Nations Development Programme, and as a stringer for the Economist. He is a frequent TV pundit, having appeared on the O'Reilly Factor, Hardball, World News Tonight, Nightline, AM Joy & Reliable Sources, among others. John lives in Washington, DC. .

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