Supreme Court Rules in Favor of Guantanamo Bay Detainees

In a stunning defeat for the United States in its ongoing war against terrorism, the Supreme Court has committed what many believe to be an astonishing act of treason. With a 5-4 decision, the high court ruled that foreign terror suspects held at Guantanamo Bay for conspiring to kill Americans actually have rights under the U.S. Constitution, and they may exercise them accordingly in American civilian courts. Speaking on behalf of the majority, Justice Anthony Kennedy stated, "The detainees in these cases are entitled to a prompt habeas corpus hearing" within the American judicial system. Furthermore, "they are not barred from seeking the writ or invoking the Suspension Clause's protections because they have been designated as enemy combatants or because of their presence at Guantanamo." This decision may prompt many to ask, "How long will it be before Osama bin Laden sues the United States on behalf of his friends held at Guantanamo Bay for our 'failure to honor their rights' until now?"

Article I, Section 9, Clause 2 of the United States Constitution - also known as the Suspension Clause alluded to by Justice Kennedy - states that the Writ of Habeas Corpus shall not be suspended except during times of national emergency (or rebellion or invasion as explicitly stated in the Constitution). A writ of habeas corpus itself requires that a party holding an individual in custody for a particular reason - committing a crime, for example - allow a court to inquire the legality of the detention. It is basically a mechanism intended to safeguard individual freedom against arbitrary state action by preventing people from being detained by someone for no apparent reason.