The Supreme Court has agreed to hear cases for Guantanamo detainees.
I want the detainees to have their day in court. I want to see the backwards, illogical and dangerous justifications for Guantanamo evaluated and shot down. I want to see Guantanamo shut down, and I want to see our government place enough faith in our justice system to put accused criminals on trial (and to criminally accuse them in the first place).
But this court scares me. They’ve spent the past couple of months demonstrating that they have no qualms about over-turning precedent and taking us back towards the bad old days. I would not be surprised if they held that habeas corpus can be suspended if “national security” is at risk, and that holding prisoners without charges at Guantanamo — outside of the rule of both U.S. and international law — is a valid action in wartime.. I would not be surprised if they issued an opinion that, decades from now, will be held in the same esteem as Korematsu.
I want the Supreme Court to evaluate the Guantanamo issue. But not this court.