Detaining Justice

With yesterday’s Circuit Court decision on habeas corpus rights in Lakhdar Boumediene v. George W. Bush, our nightmares about the Military Commissions Act of 2006 were realized.  The unfortunate end result of this round of appeals is that people will continue rotting in captivity without a right to meaningful due process.  The case will now likely go to the Supreme Court.  The Circuit Court’s decision, however, was not unanimous.  In her dissent, Judge Judith W. Rogers wrote, “While Congress may have intended to wipe out all the cases (of the detainees in Guantanamo) such a law violates the Constitution. The Military Commissions Act is therefore void and does not deprive this court or the district courts of jurisdiction.