Guantanamo inmates do have rights, says SCOTUS

Good news for fans of the rule of law: the detainees at Guantanamo do have habeus corpus rights, according to a 5-4 Supreme Court decision today:

In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights. If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion.

The Court stressed that it was not ruling that the detainees are entitled to be released — that is, entitled to have writs issued to end their confinement. That issue, it said, is left to the District Court judges who will be hearing the challenges. The Court also said that "we do not address whether the President has authority to detain" individuals during the war on terrorism, and hold them at the U.S. Naval base in Cuba; that, too, it said, is to be considered first by the District judges.

This is an important — and long overdue — slap in the face to the US government in regard to their cavalier disregard of one of the fundamentals of common law. The detainees (I think they should have been categorized as prisoners of war, right from the start, and treated as such) have the right to be informed of the charges under which they're being held, and to challenge those charges in court.

The only remaining question is whether the Bush White House still feels any need to pay attention to those bothersome gadflies on the Supreme Court . . .