High court rules on detainees

In a decision that could be one of the largest setbacks to President Bush's war on terrorism, the Supreme Court ruled Monday that detainees in Guantanamo Bay, Cuba, had the right to a judicial review of evidence against them. The 6-3 Supreme Court ruling made the writ of habeas corpus available to detainees classified as enemy combatants by the U.S. government. \nIn the case, Hamdi v. Rumsfeld, Yaser Esam Hamdi was taken prisoner in Afghanistan following the Sept. 11 attacks. The Taliban government in Afghanistan was accused by U.S. officials of providing safe haven to al-Qaida. Hamdi's case was filed against U.S. Secretary of Defense Donald Rumsfeld.\nThe decision led to Pentagon's announcement of the formation of a five-member military tribunal Tuesday to hear the cases of enemy combatants. The majority of suspects are currently held at a detention center at Camp Delta naval station at Guantanamo Bay and at detention centers within the United States.\nPatrick Baude, professor of law and public service, said constitutional civil rights could be upheld while strengthening national security.\n"The framers of the constitution had experience with conditions of war," Baude said. "Every war looks different, but in essence, it is the same. The driving force of this decision is the American constitutional law. It expresses a consensus that the president is not above the law."\nDina Spechler, associate professor of political science, said she also had not anticipated the ruling.\n"Given the nature of this Supreme Court, I was personally surprised with the decision to pose an obstacle in pursuing the central policy of this administration," Spechler said.\nBaude said the ruling may have been influenced by the Abu Ghraib prison scandal in Iraq. Seven U.S. soldiers in Iraq were accused of humiliating and mistreating Iraqi detainees in their custody. \n"It is hard to believe that the reversals at Abu Ghraib have not influenced this decision," Baude said. \nSpechler said the ruling did not guarantee the release of prisoners.\n"It may turn out that none of them have a case," Spechler said. "And some of them might have one, but it is not clear that even if these cases are brought before a tribunal, they will win."\nSpechler added the ruling may have a positive impact in improving the U.S. image in the Middle East and elsewhere.\n"The Supreme Court decision might help the U.S. gain respect and win support at an international level," Spechler said.\n-- Contact staff writer Sheeba Madan at smadan@indiana.edu.