Habeas Ruling Victory for Constitution

5-4 Decision Highlights Delicate Balance of the Supreme Court

June 12, 2008, Washington, DC—Today, the United States Supreme Court issued a landmark decision upholding the constitutional right of access to the writ of habeas corpus.  The 5-4 decision, written by Justice Kennedy, holds that detainees held at Guantanamo Naval Station have this right even though Guantanamo is technically part of Cuba, and despite the declaration that they are "enemy combatants." 

"Today's decision speaks loudly and clearly to President Bush and Congress," declared Alliance for Justice President Nan Aron. "These detainees, some of whom have languished in confinement for six years without any meaningful recourse, must be given access to habeas proceedings now, and politicians should stop their efforts to deprive people of their basic legal rights." 

"Yet today's decision must give us pause," noted Aron. "With the replacement of a single justice from the majority in today's decision in Boumediene, today's four dissenters could become tomorrow's majority."  Led by Chief Justice Roberts, and joined by Justices Scalia, Thomas and Alito, these dissenters took issue with the majority's determination that "the laws and Constitution are designed to survive, and remain in force, in extraordinary times." "Despite the lip service they paid to precedent in their hearings, these four justices have repeatedly cast aside the Court's prior decisions to advance their own ultraconservative agenda," Aron continued. "There is little doubt that the appointment of another ultraconservative like Roberts or Alito will lead to a weakening of vital rights, including today's important decision by the Supreme Court," concluded Aron.