THE BLOG
06/28/2008 05:12 am ET Updated May 25, 2011

Boumediene and Habeas Corpus: The Debate Continues

Was the U.S. Supreme Court correct last week when it ruled that Guantanamo Bay detainees have habeas corpus rights?

Over at U.S. News, we asked a pair of legal experts to critique the decision.

Jack Balkin, a Yale law professor who also blogs at Balkinization, praises the decision.

Over a four-year period, the Supreme Court has repeatedly pushed back at this strategy. Each time it has left the president the option of taking political responsibility and publicly calling for suspension of habeas corpus. Each time the president has chosen subterfuge instead.

Coming from the opposite side, Glenn Sulmasy, a national security and human rights fellow at Harvard's K-School says the decision was a huge mistake.

As a result of this case, Guantánamo Bay detainees now formally have more rights than do prisoners of war under the Geneva Conventions. To say the least, citizens, regardless of political affiliation or views of the status of Guantánamo, should be concerned about the ramifications of this decision.

Click here to read the full versions of both articles.