Enemy Combatants Can Challenge Detentions. Reuters (via Washington post) reports:
The Supreme Court ruled Monday that an American captured overseas in President Bush's war on terrorism cannot be held indefinitely in a U.S. military jail without a chance to contest the detention.
Key points from the summary (the opinion isn't online yet):
- Four justices (only four???) say due process rights requires that a citizen held in the United States as an enemy combatant must be given “a meaningful opportunity” to contest the case for his detention before a neutral party. [From this summary, this could mean anything, including much less than a real trial.]
- “Two more justices agreed that the detention of American citizen Yaser Hamdi was unauthorized and that the terror suspect should have a real chance to offer evidence he is not an enemy combatant.” I have no idea what that means — is that more or less of a hearing?
- Presumably that means three Justices would let the government lock up Yaser Esam Hamdi — in the brig for more than two years and only recently allowed to see a lawyer with military eavesdroppers present and a censored list of subjects (e.g. lawyer couldn't ask if he'd been tortured) — and throw away the key based on their unsupported word that he deserved it. No trial, no arraignment, no lawyer, no rights.
But there's no substitute for reading the opinions; they should be available soon.
Update: The New York Times has a totally different spin saying “Supreme Court Partially Sides With Bush on American Detainee Case” with the majority opinion by O'Connor with Rehnquist and Breyer; with Souter and Ginsburg writing the concurrence. That would be 5-4? Only it's hard to imagine Stevens not siding for the detainee if Rehnquist and Breyer did. (But see flag burning…)