Habeas

[stoutfellow]

The Supreme Court has ruled (pdf) 5-4 that the habeas-stripping provisions of the Detainee Treatment Act and the Military Commissions Act are unconstitutional. Justice Kennedy wrote the majority opinion, joined by Justices Ginsburg, Souter, Stevens, and Breyer; Chief Justice Roberts and Justices Alito, Scalia, and Thomas dissented.

Good for them.

(Hat tip to publius, at Obsidian Wings.)

Addendum: hilzoy summarizes the issues, and the Court's resolution, in non-technical terms here.

Comments

[gryphons-lair.livejournal.com]

HURRAH!!!

[dan-ad-nauseam.livejournal.com]

My discussion (mostly a summary of the Court's reasoning) is at http://dan-ad-nauseam.insanejournal.com/10684.html.

[trixtah.livejournal.com]

Yay! About time!

...althouh at least two of those dissenting justices don't surprise me in the least.

[carbonelle.livejournal.com]

I'm with the dissent: this is over-reaching madness.