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Some evidence that justice isn’t completely dead in the USA…

…at least, not yet:

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 justices handed the Bush administration its third setback at the high court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba. The vote was 5-4, with the court’s liberal justices in the majority… Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” 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.

Note that the liberal justices were in the majority, but the Justice who wrote the decision, Anthony Kennedy, was appointed to the court by Ronald Reagain in 1988. He is considered a conservative, but a moderate one, and obviously he couldn’t stomach what was being done by the Bush administration to the rule of the law, and as Kennedy said, toward the US Constitution.

We’ve had the Canadian Supreme Court condemn the practises at Guantanamo and how Canadian agents acted towards Omar Khadr, and now we’ve had the US Supreme Court rule the Bush kangaroo courts that have been set down there , as well as the entire operation of Guantanamo as being a travesy to the rule of law.

How long is Harper and the Cons. going to stick their heads in the sand and refuse to acknowledge what everyone else in the world has condemned? This has been said before here, but I’ll say it again; Omar Khadr should be repatriated and allowed to face a proper court of law here in Canada and receive due process – as every other Western country in the world has done with their citizens who were at Guantanamo.

UPDATE: The Supreme Court also ruled that Guantanamo detainees have habeas corpus rights, and that the US Congress’s attempt to strip those rights from the detainees in 2005 were unconstitutional. The court has ordered that the detainees are entitled to prompt habeas corpus hearings, since many have been held there several years without trial or charge.

UPDATE 2: Chief Justice Souter, who also voted in the 5-4 majority decision, was a George HW Bush appointee – an ironic twist that he would help overturn the George W. Bush attempts to stifle the rule of law. So, both moderate conservatives on the Supreme Court voted with the 3 liberal justices to turn back the 4 conservative extremists on the court.


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