Gitmo
by
KYJurisDoctor
06/12/2008, 10:06 PM
While I AGREE with today's majority opinion that "all enemy combatants
detained during a war, at least insofar as they are confined in an area
away from the battlefield, [but] over which the United States exercises
'absolute and indefinite' control, may seek a writ of habeas corpus in
federal court," I also AGREE with Chief Justice Roberts (and his fellow
dissenters) that the Writ can be suspended in time of war, such as the
war on terror that we find ourselves involved in right now, and that
suspension power belongs to Congress, such as Congress has exercised in
this case, "as the Constitution surely allows Congress to [wield]."