Bush Shot Down Again By High Court

The Supreme court has handed the Bush
administration another blow to it's handling
of the prisoners at Guantanamo Bay, Cuba.
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The Supreme Court, for the third time, rejected President Bush's policy for holding and trying foreign prisoners at Guantanamo Bay, Cuba, and ruled today these men have a right to seek their freedom in a hearing before a federal judge.

In a 5-4 decision, the high court struck down as unconstitutional an administration-backed law that barred the detainees from going to court. The right to habeas corpus is fundamental to American law and cannot be suspended except in times of national emergency, the majority said.

"The framers [of the Constitution] viewed freedom from unlawful restraint as a fundamental precept of liberty, and they understood the writ of habeas corpus as a vital instrument to secure that freedom," said Justice Anthony M. Kennedy, writing for the court.

He said the prisoners at Guantanamo are far removed from the battlefield and have been held for as long as six years "with no definitive judicial determination as to the legality of their detention."

President Bush reacted during a news conference in Rome. "We'll abide by the court's decision," he said. "That doesn't mean I have to agree with it."

"We'll study this opinion ... to determine whether or not additional legislation might be appropriate."

Republican Sen. Lindsey Graham of South Carolina was less restrained. "I am deeply disappointed in what I think is a tremendously dangerous and irresponsible ruling by the U.S. Supreme Court," he said. "The court has conferred upon civilian judges the right to make military decisions. These judges have virtually no training in military matters, yet civilian judges, in some of the most liberal district courts in the country, will have an opportunity to determine who is a threat to the United States."

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