6/28/2004

The Supreme Court takes back the Bush Administration's "blank check" in the detention and prosecution of accused terrorists: The Supreme Court ruled today that people being held by the United States as enemy combatants can challenge their detention in American courts — the court's most important statement in decades on the balance between personal liberties and national security. The justices declared their findings in three rulings, two of them involving American citizens and the other addressing the status of foreigners being held at the Guantánamo Bay Naval Base in Cuba. Taken together, they were a significant setback for the Bush administration's approach to the campaign against terrorism that began on Sept. 11, 2001. "Due process demands that a citizen held in the United States as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decisionmaker," Justice Sandra Day O'Connor wrote. She and seven other justices held that the detention of Yaser Esam Hamdi, a native-born United States citizen seized in Afghanistan in 2001, was invalid for constitutional or statutory reasons. Only Justice Clarence Thomas dissented from that basic position. Justice O'Connor wrote that the campaign against terrorism notwithstanding, "a state of war is not a blank check for the president when it comes to the rights of the nation's citizens."

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