Justice Anthony Kennedy has flexed his muscle as the crucial swing vote on the Supreme Court, ruling with the 5-4 majority to allow foreign detainees at Guantanamo the constitutional right to challenge their detention in US court. From the AP:
The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.
The justices handed the Bush administration its third setback at the high court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba. The vote was 5-4, with the court’s liberal justices in the majority.
Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”