We got habeus back!
I don’t know which emotion is stronger: Happiness that it’s back, or anger that it was ever gone.
Before today, the President reserved to himself the right to declare an individual an “Enemy Combatant”, and for those classes of people, he opined that they could be held– forever– without charges being filed.
The court today held that a plain reading of “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” means that Congress must find that either a state is seceding, or has been invaded, or else Habeas Corpus cannot be suspended.
Let’s be clear: if we think someone is a terrorist, we can still hold them long enough to put them on trial, and if they are convicted we can treat them– fairly harshly under military law. If they’re innocent, however, we’ll let them go.
It’s only just.
Discussion Area - Leave a Comment