Posted by Mike Franc, Vice President for Government Relations, The Heritage Foundation

Thanks to the Supreme Court’s decision in Hamdan v. Rumsfeld, we should expect numerous high-profile hearings in July and August exploring the sensitive security issues raised by terrorist detentions. By September, both chambers will likely devote considerable floor time to legislation that will bring suspected terrorists to justice.  Legislation is the likely route since the Court’s decision addressed none of the potential constitutional issues involved. Indeed, nothing in the ruling calls into question the legitimacy of the camp at Guantanamo or the government’s right to detain unlawful combatants. No suspected terrorists will be released as a result of the Court’s ruling and the odds are that the lead plaintiff, Salim Hamdan, Osama Bin Laden’s driver and bodyguard, will not be applying for an opening at your local limousine service anytime soon.  Thus, Congress will grapple with yet another high-profile security issue just in time for the 2006 elections. Americans are hawkish when it comes to our dealings with terrorists. Many are even willing to sacrifice some of their civil liberties in order to prevail in this war.

The need to address Hamdan offers Republicans another opening on a national security issue. Most will oppose any attempt to treat unlawful combatants seized on the battlefields of transnational terrorism as regular criminals or traditional prisoners of war. Democrats may argue for equal treatment, as Nancy Pelosi did. “All,” she said, presumably referring to Hamdan and his colleagues, “are entitled to the basic guarantees of our justice system.”

Posted by Ken Gude, Associate Director, International Rights and Responsibility Program, Center for American Progress

More than four years have already been wasted and we are now no closer to a trial of any of the detainees at Guantanamo than we were the day it was opened. In Hamdan v Rumsfeld, the Supreme Court ruled that nothing would prevent using the rules and procedures of courts-martial for trials at Guantanamo. At the very least, we could use courts-martial to finally bring some of our enemies to justice. But even that would only be a partial solution and applicable to a small number of detainees.

Another alternative would be to work with our closest allies to create a Special Tribunal for International Terrorist Suspects in order to share the responsibility and burden of detaining, trying, and imprisoning terrorists. This Tribunal should build on the experiences of previous tribunals that have handled some of the most serious threats to international peace and security and should adopt the procedures for courts-martial.

The debate about the future of Guantanamo has lacked legitimate and substantive alternatives. Supporters of the prison refuse to accept that it is a liability and insist that the status quo must be maintained. Opponents are quick to call for its closure, but often fail to take into account the difficult and unique challenges of detaining and putting on trial terrorist suspects. This Special Tribunal addresses each of those challenges with practical policy solutions and presents a concrete alternative to the fatally flawed policy President Bush has pursued on detainees.

This decision is a stunning repudiation of the Bush Administration’s lawless behavior at Guantanamo. As we approach the Fourth of July, it is entirely appropriate that the Supreme Court has reminded the President and Secretary Rumsfeld that there is no excuse for ignoring the rule of law, even when our country is at war.

I agree that the President cannot operate alone in this area without the involvement of Congress and the Courts. I renew my call for action on H.R. 3038 — the Guantanamo Detainees Procedures Act — that would establish tribunals with clear standards and due process and would provide a timely process to charge, release, or repatriate the approximately 450 prisoners at Guantanamo. Congress must ensure that justice is delivered swiftly and responsibly in order to punish terrorists, prevent future attacks, and ensure swift and just processing of those detained. The Congressional abdication of responsibility in this area over the last three years has resulted in a completely dysfunctional system for the detention of enemy combatants that has weakened our credibility with our allies and failed to meet our own onstitutional standards.

Yesterday’s announcement by Senator Frist regarding the Senate Unanimous Consent Agreement on the embryonic stem cell debate, which includes my legislation, H.R. 810, was a significant development for the millions of patients affected by diseases that could potentially be treated by stem cell science. I look forward to a fascinating debate from the Senate at the earliest possible date so that we can hopefully move this crucial legislation forward.

The idea that women-many of which are so young-could be sexually assaulted and fail to get the treatment and services they need to get on the road to recovery is not only heartbreaking - it is devastating.  Those most likely to be raped or sexually assaulted are young women between the ages of 16 and 24 - young women with their whole lives ahead of them, with dreams and aspirations.  Regardless of treatment, this one act of violence will alter their lives forever.  But absent proper treatment and counseling in a timely manner, it could destroy any possibility of a healthy life.  Without the funding, this Congress will have failed millions of women - women who cannot afford to wait.

Last night’s vote to unlock some of our vast resources along the Outer Continental Shelf represents the culmination of a long, hard-fought, and, at times, contentious debate we started back when natural gas prices were a fraction of what they are today. Since then we’ve seen demand rise, supply fall, and prices approach levels no one ever thought possible. In truth, these resources should have been made available years ago, but I’m hopeful that the vote will send a strong message to consumers, seniors, working folks across the country, and maybe even the U.S. Senate that members of this chamber take seriously the effects of our current energy crisis and are willing to take steps necessary to end it.

The cuts called for in the Deficit Reduction Act (DRA), if enacted, will lead to reimbursement reductions of upwards of 30 to 50 percent for imaging services that patients and their physicians rely on to properly detect, diagnose, and treat life-threatening conditions. A delay in the implementation of these cuts is essential in order to give Congress a chance to fully understand how cuts of this magnitude could affect Medicare beneficiaries’ access to imaging services. In addition to calling for a two year moratorium on the implementation of the cuts, my legislation also calls for a comprehensive Government Accountability Office (GAO) study to analyze the impact of the DRA’s payment methodology on patient access, with special attention to rural and medically underserved areas.

The Veterans Long-Term Care Security Act increases access to State Veterans Homes and prescription drugs through the VA system for severely disabled service-connected veterans and provides states with more flexibility to address gaps in coverage without having to construct new facilities.

With over one million veterans in the U.S. now over the age of 85, we need to ensure that we are meeting their long-term care needs. Our veterans deserve nothing short of the best available care, and we owe it to them to make certain that our State Veterans Homes remain accessible to all veterans, regardless of their level of disability or whether or not they live in a rural area.

Several months ago, one of my constituents contacted me with a great idea on how America can pay tribute to our military heroes. He encouraged me to introduce legislation requiring every government building to display the American flag at half-staff when a member of the U.S. Armed Forces is killed in the line of duty. This idea is the perfect way to pay our respect to America’s military and ensure that we never forget the loss that comes with freedom. By enacting this legislation, we can ensure that America has a visual reminder of our men and women in uniform who are serving their country thousands of miles from home. I hope my colleagues will join me in this effort so that every time we see the American flag flying at half-staff over a federal office building, a post office, or even a national park, we never forget the tremendous sacrifice that makes this country great.