Supreme Court Upholds Habeas Rights of Guant?namo Detainees

The Supreme Court ruled early today that foreign nationals being held at Guantánamo Bay have a right to pursue habeas challenges to their detention. You can find more details at the ScotusBlog and AP via the NY Times (hat tip to Christy Hardin Smith). Make no mistake: this is a massive blow to the Cheney Administration's unitary executive policy; it is, in fact, the third time the Supremos have rebuffed George Bush Jr. and company on the issue of prisoners in miltary custody. The fact that decision was passed on a narrow 5-4 vote, with the usual Federalistos (Scalia, Thomas, Alito, Roberts) in the minority, is just another example of the importance of electing candidates that will oppose right-wing judicial extremists – and hold to account those justices who have been injected into the Appellate and Supreme Courts when they attempt to undermine the Constitution and the balance of powers.

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