(2006-06-30) Scotus Vs Bush Tribunals

The Supreme Court ruled that the George W Bush administration couldn't use its Guantanamo Bay Military Tribunal system for Dealing With Terrorism. "The executive is bound to comply with the Rule Of Law that prevails in this jurisdiction," Justice JohnPaulStevens, writing for the 5-to-3 majority, said at the end of a 73-page opinion that in sober tones shredded each of the administration's arguments, including the assertion that US Congress had stripped the court of jurisdiction to decide the case. A principal but by no means the only flaw the court found in the commissions was that the president had established them without Congressional authorization... The majority opinion... indicated that finding a legislative solution would not necessarily be easy. In an important part of the ruling, the court held that a provision of the Geneva Conventions known as Common Article 3 applies to the Guantanamo detainees and is enforceable in Federal Court for their protection... The opinion made it clear that while this provision does not necessarily require the full range of protections of a civilian court or a military court martial, it does require observance of protections for defendants that are missing from the rules the administration has issued for military commissions. The flaws the court cited were the failure to guarantee the defendant the right to attend the trial and the prosecution's ability under the rules to introduce hearsay evidence, unsworn testimony, and evidence obtained through Coercion. See Terrorism As War Or Crime.

Perhaps the only silver lining for the administration was that the decision did not affect the government's authority to keep terrorism suspects at Guantanamo Bay or elsewhere.

(Majority: JohnPaulStevens, Ruth Bader Ginsberg, David Souter, Anthony Kennedy, Stephen Breyer. Minority: Antonin Scalia, ClarenceThomas, Samuel Alito.)

Many related Administration policies may be at risk. (e.g. NSA WireTap)

President George W Bush announced, "We intend to appeal." (hehe)

The Republican Party plans to push for a US Congress ruling, perhaps as an empty gesture for the Midterm Election-s. A Framing challenge for Democrats.