The U.S. Supreme Court has ruled 5-3 against the Bush Administration in the Hamdan case.
The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.
The ruling, a rebuke to the administration and its aggressive anti- terror policies, was written by Justice John Paul Stevens, who said the proposed trials were illegal under U.S. law and Geneva conventions.
The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court’s liberal members in ruling against the Bush administration. Chief Justice John Roberts, named to the lead the court last September by Bush, was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.
More later after the ruling becomes available.
The ruling can be read here.
Via Michelle Malkin:
U.S. Senators Lindsey Graham (R-SC) and Jon Kyl (R-AZ) today issued the following statement on the U.S. Supreme Court’s ruling on the Hamdan case:
“We are disappointed with the Supreme Court’s decision. However, we believe the problems cited by the Court can and should be fixed.
“It is inappropriate to try terrorists in civilian courts. It threatens our national security and places the safety of jurors in danger. For those reasons and others, we believe terrorists should be tried before military commissions.
“In his opinion, Justice Breyer set forth the path to a solution of this problem. He wrote, ‘Nothing prevents the president from returning to Congress to seek the authority he believes necessary.’
“We intend to pursue legislation in the Senate granting the Executive Branch the authority to ensure that terrorists can be tried by competent military commissions. Working together, Congress and the administration can draft a fair, suitable, and constitutionally permissible tribunal statute.”
So in short, it’s a mixed bag – the Supreme Court made a bad ruling that undermines the authority of the Commander in Chief during wartime, but they left open a door to allow Congress to rectify the problem the Court created today. Congress should act quickly to do so. There’s a war on – trying to give amnesty to illegal aliens and stopping a few hippies from burning the flag can wait a week or two.