Supreme Court Gives Gitmo Detainee’s U.S. Rights

In a 5-4 decision, the Supreme Court voted to give detainees at Guantanamo Bay the right to challenge their detention in U.S. courts. According to the courts decision, the detainees could not be denied the constitutional right of habeas corpus. Justice Anthony Kennedy wrote the majority opinion, stating,

“The costs of delay can no longer be borne by those who are held in custody. The detainees in these cases are entitled to a prompt habeas corpus hearing.”

The court’s dissenting opinion was provided by Justice Antonin Scalia who wrote that

“America is at war with radical Islamists” and that “the nation will live to regret what the court has done today”.

Although both John McCain and Barack Obama have vowed to close Gitmo, McCain indicated that he was not happy about the court’s decision. Agreeing with the dissenting judges, McCain considers the detainees to be unlawful combatants and not American citizens.

He’s right.

We’re engaged in a war that is unprecedented in the history of our nation. We’re not fighting a tangible enemy, but rather an idea: terrorism. I wrote about this on the day Saddam Hussein was hanged. This is the result of a prolonged war with limited objectives. Clausewitz said,

“Never engage the same enemy for too long, or he will adapt to your tactics.”

We see that here. We’ve given the enemy the opportunity to use our own legal system against us. They’ve seen that this is one area that we’re vulnerable and are slowly taking the high ground. Soon we will lose this war, unless we can orchestrate a decisive victory. Our problem lies in just exactly what is our definition of “victory”

MORE: Hot Air