Opinion: The architects of the 43rd president’s assault on constitutional rights are now judges and justices. That’s bad news for fundamental constitutional rights.
recognized that Guantanamo detainees have constitutional rights, albeit limited ones related to habeas corpus, the fundamental right prohibiting detention without an opportunity to appear before a judge.
At the time of these Guantanamo decisions, the court was refusing to hear many constitutional challenges to war on terror policies that significantly curtailed civil liberties at home under the theory that the judiciary should defer to the executive branch on questions of national security. But, even for the court, Guantanamo was too much, and the Supreme Court served as a check on executive power.
One case where we can see the influence of today’s more conservative judiciary when it comes to Guantanamo policy is, which will be reheard by the en banc D.C. Circuit on Sept. 30. Al-Hela is a Yemeni tribal sheikh who was apprehended in Egypt in 2002 by American forces and who has been held at Guantanamo Bay for close to 17 years and still hasn’t seen all the factual evidence against him.
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