The Supreme Court is expected to decide as soon as Thursday whether it will hear the Latif v. Obama and possibly restore a right to meaningful judicial review for detainees imprisoned in the name of the "war on terror."
The Obama administration is following Bush's lead by unilaterally rewriting the Geneva Conventions, presumably to allow it to continue exploiting prisoners of war for their supposed intelligence value.
Imagine after six and a half years of this imprisonment -- in which, unlike convicted criminals on the US mainland, you have never been charged or tried, and have not been allowed a single visit from your loved ones.
We held innocent people at Guantanamo for years -- seriously mistreating some -- without giving them a chance to demonstrate their innocence. How is getting rid of such travesties indifferent to American lives?
To bolster his argument that the Guantánamo detainees should be denied the right to prove their innocence in federal courts, Scalia relied on stale information that was proven to be false one year ago.
Smerconish said that, as a Republican, he supported Obama's approach to the hunt for Bin Laden, that moving immediately on intelligence was not naive. And McCain, remarkably, conceded that he too agreed with Obama.
The Supreme Court's latest decision may be novel in U.S. history, but it is consistent with the global growth in recognition of the essential role that courts play in checking the excesses of democracy.