"Today, for the first time in our Nation’s history, the Court confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war. The Chief Justice’s dissent, which I join, shows that the procedures prescribed by Congress in the Detainee Treatment Act provide the essential protections that habeas corpus guarantees; there has thus been no suspension of the writ, and no basis exists for judicial intervention beyond what the Act allows. My problem with today’s opinion is more fundamental still: The writ of habeas corpus does not, and never has, run in favor of aliens abroad; the Suspension Clause thus has no application, and the Court’s intervention in this military matter is entirely ultra vires." Justice Scalia
Where is Justice Scalia factually wrong here Jackson?
The majority held that they are not abroad since Guantanamo is under the full de facto jurisdiction of the US government. Look even Robert Gates has called for closing down the Guantanamo operation. The entire reason it was created was an effort to escape all legal jurisdiction by anyone.
Well, if they can haul off enemy combatants to Guantanamo without any review, why can't they haul you off to Guantanamo, hold you incommunicado and say that you are an enemy combatant without any review? No jurisdiction is no jurisdiction and no review is no review. Period