"Congress could have done it right and didn't, but the next line of defense is the court, and I think the court will clean it up." That's Senator Arlen Specter (R-PA) explaining his vote in favor of the Military Commissions Act of 2006 (MCA)--a law the New York Times rightly called "one of the worst...in the nation's history." He's correct that the Congress certainly didn't get it right, but the problem is the Court has not cleaned it up. In fact, last month, the Supreme Court sidelined itself, ruling that detainees must exhaust all avenues of an inadequate appeals process before the Supreme Court will again consider their case. In other words, it could be years before another appeal is heard by the Supreme Court. And so we're back to where we started: Congress.
Last week, the House of Representatives regrettably declined to include an amendment that would have made habeas restoration part of the defense reauthorization. Now there is talk of a stand-alone habeas bill, but its success will require a commitment on the part of leadership to ensure passage.
For now, all eyes are on the Senate to reinvigorate the commitment to habeas corpus. Earlier this year, Senators Leahy, Dodd and Specter introduced legislation to restore habeas. Though their bills have languished for the past few months, today the Senate Judiciary Committee will hold a hearing on the restoration of habeas. This is an important step, but just the first.
We've heard eloquent statements and stirring speeches from senators extolling habeas corpus, but words are not enough. The time has come to act and for Congress to correct the shameful mistake it made in passing the MCA. The Democrats must not shy away from this issue as if it were a political liability; rather, habeas corpus is a core American value to be championed.
With the specter of several more years of confinement for detainees before the Supreme Court will take up their plight, Congress must act now, and Democratic leadership must make this issue a top priority. Sign our petition. Call your senators and representatives. Tell your friends. Take the time to act now.
As part of the Campaign to Restore Habeas Corpus, Alliance for Justice unveiled DefendHabeas.org, as well as a provocative new web video, "The Government Makes Mistakes":