Roundup of Reaction to Boumediene

The Supreme Court's ruling today declaring that Guantanamo detainees can appeal their detention in U.S. courts has triggered a bumper crop of reaction from groups and experts on both sides. Some of the commentary on Boumediene v. Bush is in our story at the Legal Times web site. Here are excerpts from other comments we have received.

Richard Samp, Washington Legal Foundation: "Today’s decision means that vital decisions regarding the handling of enemy prisoners are now in the hands of the judicial branch, the branch of government least capable of determining how the release of those prisoners will affect national security. The decision is an undemocratic exercise of power that rejects the national security determinations not only of Congress and the President but of a long line of Supreme Court decisions as well."

Sen Arlen Specter (R-Pa.): “The Supreme Court’s reaffirmation of the constitutional right to habeas corpus will now allow the federal trial courts to review each detainee’s case to see that individualized justice is done and people are not held in custody unless there is competent evidence to show that they present a terrorist threat.”

John Eastman, Chapman University School of Law: “The Court has taken upon itself review of military decisions that have never in our history been thought to reside in the judiciary. Chief Justice Roberts’ opinion systematically debunks Justice Kennedy’s legal analysis for the 5 justices in the majority, and Justice Scalia provides a stark window of insight into the harm that this decision will cause to our war effort.”