Finally Supreme Court Justices Stevens, Ginsburg, Breyer, Souter, and Kennedy have ruled in Hamdan v. Rumsfeld that the Administrative Branch must follow current law or wait until Congress authorizes it to do otherwise.
Let no one forget that at the root of Hamdan v. Rumsfeld was the right to a trial and for the person being held to be informed of what he/she is being accused of so that he/she can be represented by an attorney. That the case involved detainees as a result of 9/11 must not be overlooked. I truly do not believe anyone wants proven criminals to be walking the streets, but in order for anyone to be \”justly\” locked up in a democracy there needs to be a legitimate rule of the land and the 5 justices have made this clear to the Administrative Branch.
I wonder what Justices Scalia, Thomas, and Alito were thinking when they dissented and why Chief Justice Roberts did not vote.
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