With yesterday’s Circuit Court decision on habeas corpus rights in Lakhdar Boumediene v. George W. Bush, our nightmares about the Military Commissions Act of 2006 were realized.  The unfortunate end result of this round of appeals is that people will continue rotting in captivity without a right to meaningful due process.  The case will now likely go to the Supreme Court.  The Circuit Court’s decision, however, was not unanimous.  In her dissent, Judge Judith W. Rogers wrote, “While Congress may have intended to wipe out all the cases (of the detainees in Guantanamo) such a law violates the Constitution. The Military Commissions Act is therefore void and does not deprive this court or the district courts of jurisdiction.�

There is hope on the legislative front with Senator Chris Dodd (D-CT)’s recent introduction of the “Restoring the Constitution Act of 2007.� Beyond the important step of realigning our country’s policies of extraordinary rendition and torture with the guidelines of the Geneva Convention, Senator Dodd’s bill would restore habeas corpus and due process to those in U.S. custody.  Legislation introduced by Senators Leahy (D-Vt.) and Specter (R-Pa.) would also restore habeas rights.  We hope the Supreme Court will rule in favor of giving basic due process rights to detainees.  We urge Congress to reassert the balance of power by passing the “Restoring the Constitution Act of 2007.�  It is time for to restore and protect what makes us Americans.

This entry was posted on Wednesday, February 21st, 2007 at 4:49 pm and is filed under Politics, Civil Rights, Homeland Security .