The Supreme Court today delivered a stunning rebuke to the Bush administration over its plans to try Guantanamo detainees before military commissions, ruling that the commissions are unconstitutional.So Bush has finally been found to be in violation of the law by the Supreme Court. As important is a majority of the court rebuked their own chief justice.
In a 5-3 decision, the court said the trials were not authorized under U.S. law or the Geneva Conventions. Justice John Paul Stevens wrote the opinion in the case, called Hamdan v. Rumsfeld. Chief Justice John G. Roberts Jr. recused himself from the case.
The ruling, which overturned a federal appeals court decision in which Roberts had participated, represented a defeat for President Bush, who had ordered military trials for detainees at the Guantanamo Bay naval base. About 450 detainees captured in the war on terrorism are currently held at the U.S. naval base in Cuba.
Chief Justice Roberts, one of the judges who voted against Hamdan's appeal when he served on the appeals court, recused himself from the case.
I guess the only question is will Bush simply ignore the Supreme Court like he has ignored the congress?
Glenn Greenwald thinks this goes beyond GITMO.
(3) The Court dealt several substantial blows to the administration's theories of executive power beyond the military commission context. And, at the very least, the Court severely weakened, if not outright precluded, the administration's legal defenses with regard to its violations of FISA.Go read Glenn for the details.