SCOTUS rules Gitmo prisoners have right to challange detention

Finally. After up to seven years of potentially indefinite detention, some of the worst people in the world will be assumed innocent until proven guilty.

Both of Bush’s appointees, Scalia and Thomas dissented predictably:

“[The decision] will make the war harder on us. It will almost certainly cause more Americans to be killed.”

This is especially worrying from a supposed “originalist;” the Bill of Right’s original inention was to prevent this exact sort of unilateral power-grab by the chief executive.  

But to his credit, while defending indefinite detention without trial in theory, Scalia rebuked the administration, writing:

“. . . A view of the Constitution that gives the Executive authority to use military force rather than the force of law against citizens on American soil flies in the face [of the Constitution].


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