June 29, 2004

Supreme Rebuke:

"SINCE THE OUTSET of the war on terrorism, the Bush administration, across a wide range of issues, has had a simple message for the federal judiciary: Trust us and don't interfere. Yesterday, in a pair of much-awaited rulings, the court delivered its response. First, the justices declared that U.S. citizens designated as enemy fighters are entitled to a 'fair opportunity' to challenge their detentions and 'unquestionably [have] the right to access to counsel' in doing so. Then the justices held that federal courts have jurisdiction to hear challenges to the detentions of noncitizens held at Guantanamo Bay, Cuba. Trust, even during wartime, has limits.

... the judiciary will not sit still for assertions of unbridled executive power. As the war on terrorism progresses, the administration will need -- at long last -- to submit to the oversight and transparency it has so assiduously resisted."

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