Editorial - Editorial - On Guantanamo - Justice 5, Brutality 4 - Editorial - NYTimes.comIf McCain wins the next such vote would be Brutality 5, Justice 4.
... It was disturbing that four justices dissented from this eminently reasonable decision. The lead dissent, by Chief Justice John Roberts, dismisses habeas as “most fundamentally a procedural right.” Chief Justice Roberts thinks the detainees receive such “generous” protections at their hearings that the majority should not have worried about whether they had habeas rights.
There is an enormous gulf between the substance and tone of the majority opinion, with its rich appreciation of the liberties that the founders wrote into the Constitution, and the what-is-all-the-fuss-about dissent. It is sobering to think that habeas hangs by a single vote in the Supreme Court of the United States — a reminder that the composition of the court could depend on the outcome of this year’s presidential election. The ruling is a major victory for civil liberties — but a timely reminder of how fragile they are...