The Supreme Court has just ruled that foreign nationals held at Guantanamo Bay have the right to pursue habeus challenges to their detention….in Civillian Courts.
They ruled that Congress had not validly suspended habeus corpus, because the Constitution only allows for that in instances of rebellion or invasion.
The 5-4 decision (this time with the fascist assholes like Alito and Scalia in the minority, for a change) stated that:
“To hold that the political branches may switch the Constitution on and off at will would lead to a regime in which they, not this Court, say “what the law is.” Security subsists, too, in fidelity to freedom’s first principles. Chief among these are freedom from arbitrary and unlawful restraint and the personal liberty that is secured by adherence to the separation of powers.”
Slowly, we start to crawl back from the edge of the abyss.
Expect a lot of 5-4 decisions in the next months, with Roberts, Alito, Scalia and Thomas on the losing end. It will be a process by which the country will scour itself clean of the stain upon it created by this criminal administration.