Supreme Court (AP) The Supreme Court has dealt the Bush administration a third setback in how it treats foreign terrorism suspects being held indefinitely at Guantanamo bay.
In a 5-4 decision, the court has ruled that the detainees have the constitutional right to challenge their detention in U.S. civilian courts. In writing for the majority, Justice Anthony Kennedy says “the laws and constitution are designed to survive, and remain in force, in extraordinary times.”
The court also says that the classification and review process that the government has in place for the detainees is not a sufficient substitute for the civilian judicial system.
Chief Justice John Roberts, one of the four to vote in the minority, is sharply critical of his colleagues for striking down what he calls “the most generous set of procedural protections ever afforded aliens detaind by this country as enemy combatants.”
It is not immediately clear whether the ruling will lead to prompt hearings for the detainees, some of whom have been held more than six years.
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