Given the Supreme Court decision to grant rights of Habaes Corpus to prisoners at Guantanamo Bay was 5 to 4 it is not real comforting to know that here in America we are just one vote away from a full dictatorship.

If one wants to explore the devolution of a justice system founded on Enlightenment Values, the history of the US Supreme Court since Ronald Reagan's presidency would be a text book example. The original interpretation philosophy of the most conservative justices correlates well with fundamentalist interpretations of religion. Fortunately however ,this time the stench of totalitarianism was too much for the majority. Unfortunately, in this case both the executive branch and a democratic congress were also complicit in legislating high crimes against the justice system rc....

Congress, in turn, twice tried to eliminate habeas rights for detainees. The Supreme Court rejected the first attempt in 2006, ruling in Hamdan v. Rumsfeld that the legislation did not apply to pending cases. So Congress tried again with the Military Commissions Act of 2006 (MCA), which made explicit that the elimination of habeas rights applied to all Guantánamo cases, past, present and future. The issue before the Supreme Court in Boumediene was whether the MCA violated the constitutional guarantee of habeas corpus, known as the "Suspension Clause..."   more »