In Boumediene today, the Supreme Court decided 5-4:
Whether Article I, Section 9, Clause 2, (the privilege of the writ of habeas corpus) applies to aliens designated as enemy combatants detained at the U.S. Naval Station at Guantanamo Bay, Cuba.
It does.
Whether procedures established for those prisoners by Congress are a constitutionally adequate and sufficient guarantee of that privilege.
They aren’t.
Approximately 250 prisoners are held at Guantanamo without charges, some for six years. Only a few were petitioners in the subject case, but the decision should apply across the board.
250 alleged bad guys now get a day in court to find out why they are being held.
And this puts the nation more in peril?
And, if so, why did we move them 7,500 miles closer to the U.S. in the first place?
(Here’s the opinion [pdf].)