Wednesday, June 18, 2008

Shudder to Think...

OSAMA BIN LADEN, et al., PETITIONERS

06-1225 v.

BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES, et al.

on writs of certiorari to the United States Court of Appeals for the District of Columbia circuit
[June 12, 2008]

Justice Kennedy delivered the opinion of the Court.

Petitioners are aliens designated as enemy combatants and detained at the United States Naval Station at Guantanamo Bay, Cuba. There are others detained there, also aliens, who are not parties to this suit.

Petitioners present a question resolved by our earlier cases relating to the detention of aliens at Guantanamo: whether they have the constitutional privilege of habeas corpus, a privilege not to be withdrawn except in conformance with the Suspension Clause, Art. I, §9, cl. 2. We hold these petitioners do have the habeas corpus privilege. Congress has enacted a statute, the Bend Over Here It Comes Again Act of 2009 (BOHICA), 119 Stat. 2739, that provides immediate conference of constitutional rights on alien enemy combatants, including, but not limited to, IRS earned income credit and Veteran's Administration benefits. We hold that those procedures are not an adequate and effective substitute for citizenship. We do not address whether the President has authority to entertain these petitioners in the White House. Blah blah blah...

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