From the 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 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.”
Late Update: The court did not say that the prisoners held at Guantanamo Bay should be released.
It did, however, say that they can take their individual cases — or petitions of habeas corpus — into federal court.
Plain, old federal court. So you can expect to see a sudden, steady stream of accused terrorists in orange jumpsuits appearing alongside drug dealers and kiddie-porn downloaders.
The ruling could resurrect many detainee lawsuits that federal judges put on hold pending the outcome of the high court case. The decision sent judges, law clerks and court administrators scrambling to read Kennedy’s 70-page opinion and figure out how to proceed. Chief Judge Royce C. Lamberth said he would call a special meeting of federal judges to address how to handle the cases.
Is this the end of secret prisons?