Bush Loses Guantánamo Case
by Marjorie Cohn
In the most significant rebuff to George W. Bush's assertion of executive power since he declared his "war on terror," the Supreme Court called a halt to Bush's kangaroo courts at Guantánamo Bay.
Justice Stevens wrote for the 5-3 majority, "We conclude that the military commission convened to try Hamdan lacks power to proceed because its structure and procedures violate both the [Uniform Code of Military Justice] and the Geneva Conventions." Justices Ginsburg, Breyer, Souter and Kennedy joined Stevens in the majority opinion.
One of Hamdan's lawyers, Georgetown University Law School Professor Neal Kayta, called the ruling a "rebuke" to a system of "fake courts."
Shafiq Rasul, speaking for himself and two other former Guantánamo detainees, said, "We are ecstatic at today's outcome. This is another step in our collective efforts to see…