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Boumediene Decision: Gitmo Detainees Have Habeas Rights

Suzanne Ito,
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June 12, 2008

This morning the Supreme Court announced its decision in Boumediene v. Bush, and it's a good one! :

In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guant谩namo 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.

The Court stressed that it was not ruling that the detainees are entitled to be released 鈥 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 鈥渨e do not address whether the President has authority to detain鈥 the individuals at the U.S. Naval base in Cuba; that, too, it said, is to be considered by the District judges.

We'll have more once the decision is released. For some background on Guant谩namo, Ben Wizner, Staff Attorney for the 老澳门开奖结果's National Security Project, wrote a great history of Gitmo as a prison and the court cases that surround it.

Remember this day: it's the beginning of the end for Guant谩namo.

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