US Supreme Court Upholds US Constitution

For six years the Bush administration has illegally held detainees in
Guantanamo Bay, Cuba, where they were tortured and denied all access to due
process. At least one released prisoner from Germany has described his
kafkaesque ordeal in detail in a book. Today the US Supreme Court has moved to
restore the rule of law and has upheld the cherished foundations of the US
Constitution.  Here is the summary
from Scotus Blog:

"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 also declared that detainees do not have to go through the special
civilian court review process that Congress created in 2005, since that is not
an adequate substitute for habeas rights.  The Court refused to interpret
the Detainee Treatment Act — as the Bush Administration had suggested — to
include enough legal protection to make it an adequate replacement for
habeas.  Congress, it concluded, unconstitutionally suspended the writ in
enacting that Act."

Guantanamo and the Bush torture policy have destroyed Americas reputation
abroad for the next generation. The reactions from the two candidates for
president were instructive. John McCain would continue
the Bush policy of denying due process to detainees and, like Bush, would
shred the US Constitution. Senator Obama sees the ruling as the first step to
restoring America’s integrity:

"The Court’s decision is a rejection of the Bush Administration’s
attempt to create a legal black hole at Guantanamo — yet another failed policy
supported by John McCain," Obama said. "This is an important step
toward reestablishing our credibility as a nation committed to the rule of law,
and rejecting a false choice between fighting terrorism and respecting habeas
corpus."

Reaction to the US Supreme Court ruling in Germany has been one of immense
relief. Der Spiegel has an interview with two of the US attorneys who filed the
intial complaints on behalf of the Guantanamo detainees that led to today’s
ruling: Ende
des Alptraums (The Nightmare is Over).  Die Tageszeitung
published an editorial
– Rechtstaat gegen  George W. Bush / The Rule of Law vs. George W. Bush
– where Bernd Pickert writes that according to constitutional logic the
courts decision should lead to impeachment:

"Nach der US-Verfassungslogik lieferte die Entscheidung des Obersten Gerichts
nun eine ausgesprochen stichhaltige Begründung, um im US-Kongress ein
Amtsenthebungsverfahren gegen die Regierung zu beschließen."

Impeachment will not happen; the current Democratic leadership is too
cowardly to pursue this now.  But the closeness of the court’s decision today
– 5 to 4 – shows that the rule of law in America is just hanging by a
thread.