The battlefield meets the courtroom... no thanks to the SCotUS libs.
The worst thing about this whole series of war on terror decisions is that the US Congress excercized their powers under the US Constitution and took jurisdiction away from SCOTUS on this matter. Yet the Court ignored the law and acted anyway. In a functioning government, someone on SCOTUS would be impreached and removed.
Over the long-run, American's will get the government that the majority of her voters deserves. Unfortunately, the majority gradually chooses less and less freedom because they instead choose a freedom-restricting Nanny-State from a place of mass-personal-irresponsibility.
An interesting Book of Mormon reference to foolish, populist judges follows (Mosiah 29):
25 Therefore, choose you by the voice of this people, judges, that ye may be judged according to the laws which have been given you ...
26 Now it is not common that the voice of the people desireth anything contrary to that which is right; but it is common for the lesser part of the people to desire that which is not right; therefore this shall ye observe and make it your lawto do your business by the voice of the people.
27 And if the time comes that the voice of the people doth choose iniquity, then is the time that the judgments of God will come upon you; yea, then is the time he will visit you with great destruction ...
29 If your higher judges do not judge righteous judgments, ye shall cause that a small number of your lower judges should be gathered together, and they shall judge your higher judges, according to the voice of the people.
Somehow this is a flawed decision..For example, the U.S. Courts never interfered during WW II concerning the German war prisoners, saying their detention satisfied the Geneva Conventions...For logistical reasons and evidence gathering reasons, that would have been impractical, as well as determining our troops motives in shooting at the enemy, and other factors that might be considered in a criminal case..But this is Military Law, many factors are different from criminal law..
It seems that Quantanamo was not the issue as even the government acknowledged that it is not US sovereign territoty, it is in Cuba...It seems that the justices felt a keen sense that the detainees have a right to habeas corpus in the U.S. Courts...That is unprecedented...This is war..They are the enemies, and they should not be allowed to use U.S. Courts to argue their guilt or innocence. It appears that this ruling is gravely flawed...It also appears that Congress and the White House need to do more work to set up a proper framework for the military tribunals and to determine where the tribunals shall be held..
See also
http://en.wikipedia.org/wiki/Boumediene_v._Bush
and http://www.scotuswiki.com/index.php?title=Boumediene/Al-Odah_v._Bush
It’s simple enough to defeat this ruling. The President, in his role as Commander in Chief, orders that any person caught in a terrorist act, to include engaging US forces in combat as part of a known terrorist organization, will be shot out of hand if they attempt to surrender. Local commanders would be authorized to make exceptions if they thought that the terrorists concerned had exploitable information, and if the terrorists answered questions immediately and completely on demand.
The echo chamber of our media, academe, and the Democratic Party only show how deep the rot goes. If the Manchurian Candidate wins in November, our undoing as a nation will be all but complete.