Supreme Court Rules Terrorists Now Have Constitutional Rights

Naturally, this cockamamie ruling is portrayed as a defeat for George W. Bush rather than a defeat of common sense and logic.

Terrorist sympathizers must be kvelling over this. Maybe they should see if they're allowed to vote this November.

The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

The justices handed the Bush administration its third setback at the high court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba. The vote was 5-4, with the court's liberal justices in the majority.

Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some who have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al-Qaida and the Taliban.

The administration opened the detention facility at Guantanamo Bay shortly after the Sept. 11, 2001, terrorist attacks to hold enemy combatants, people suspected of ties to al-Qaida or the Taliban.

The Guantanamo prison has been harshly criticized at home and abroad for the detentions themselves and the aggressive interrogations that were conducted there.

The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.

If you don't think elections matter, just imagine who the radical Barack Obama would put on the Supreme Court.

In dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."

Memo to the GOP: You just had an issue gift-wrapped with a nice bow on top: Start using it against the Democrats today.

Ruling against America were Justices Steven Kennedy, John Paul Stevens, Stephen Breyer, David Souter and Ruth Bader Ginsburg.

Those in favor of protecting America from the Islamofascist animals were Chief Justice John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito.

Update: The Great One checks in.

It has been the objective of the left-wing bar to fight aspects of this war in our courtrooms, where it knew it would have a decent chance at victory. So complete is the Court's disregard for the Constitution and even its own precedent now that anything is possible. And what was once considered inconceivable is now compelled by the Constitution, or so five justices have ruled. I fear for my country. I really do. And AP, among others, reports this story as a defeat for "the Bush administration." Really? I see it as a defeat for the nation.

More from SCOTUSBlog.

Michelle Malkin: "What’s that sound? The thunder of left-wing lawyers and Gitmo detainees jumping up and down for joy at the Supreme Court’s ruling this morning. Brace yourselves."

More also at Volokh Conspiracy, Ace of Spades HQ.