Justice Anthony Kennedy, wrote the following in his statement for the majority, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
I don't know if the court would have ruled this way right after 9-11, but thankfully, we all have gotten used to the Bush administration's fear mongering, and the court now has some perspective. The Bush administration, since its inception, has paid little attention to the Constitution, acting as if it is a mere "suggestion," not the defining document our entire form of government is based on-our source of what is right or wrong in terms of the government's actions . The Bushies have misconstrued its meaning, tried to gut its fundamental tenets, and simply ignored it when it stood as an inconvenient standard not in sync with their actions.
The following press release from People for the American Way on the narrow 5-4 ruling in Boumediene v. Bush as this habeas corpus case is called puts the Presidential election in perspective:
"The Supreme Court has rebuked President Bush's vision of the presidency as an office of limitless power, and declared that the president of a free nation cannot simply lock people up and throw away the key like some third-world dictator. This is a stinging blow to the administration's lawless policies and its allies in Congress."It's chilling that the case was decided on a single vote, 5-4. One more Bush Justice on the Court, and the decision would likely have gone the other way. That's why it's so important for Americans to realize that in this election year, the Supreme Court is on the ballot. John McCain has already promised the GOP that he would nominate Justices to the Court exactly like those Bush has brought to the bench. This year, we must reverse the tide, and begin to restore a Supreme Court that upholds our individual rights and the laws that keep us free."
I have no doubt that the Bush administration will try to get around this ruling some way. If they don't respect the Constitution, they surely don't respect a Supreme Court that disagrees with their neocon views.
Speaking of doubts...
If you have any doubts about voting for Obama instead of McCain, think about what a different ruling could mean for the Constitution, our country, and the freedoms that we Americans cherish but take for granted.
(Crossposted at Democracy Prevails blog.)