The Roberts Court yesterday handed the Bush Administration one victory and one defeat, and the victory may turn out to be Pyrrhic.
The SCOTUS won’t be hearing a suit filed by almost 400 Gitmo prisoners trying to restore the legal rights taken away from them by Bush and the Republican Congress.
The court decision was a significant victory for President Bush, who has asserted for nearly six years that the fate of hundreds of detainees, held without charges as alleged terrorists at the U.S. naval base in Cuba, should be determined by secret military tribunals. The decision leaves intact, at least for now, a measure passed at the administration’s urging last year when Congress still was in Republican hands that denies Guantanamo Bay detainees the right to such habeas corpus petitions.
This despite the fact that the Court has ruled not once but twice in the last three years that the detainees have the right to petition the courts to “contest their detention”. (more…)