Today's Stories

June 25, 2008

David H. Price
The Minerva Consortium: Social Science in Harness

June 24, 2008

Ishmael Reed
Obama: the Big Let Down

P. Sainath
They've Got the World by the Belly

Nikolas Kozloff
Charlie Black's Play Book: McCain Needs Another 9/11

Gregory Kafoury
Obama's Rightward Lurch

Betty Shamieh
Fear of Flailing: Erica Jong's "Arabs and Other Animals"

Mike Whitney
Gas Price Gouging: Don't Blame the Saudis

Andy Worthington
Italy's Forgotten Prisoners in Guantánamo

Bill Christison
Towards a World Parliament

Philippe Marlière
Spoiling Sarko's Euro-Show

Website of the Day
Who Owns You?

June 23, 2008

Michael Hudson
How Should the Middle East Invest Its Oil Profits?

John Ross
Killing Farmers with Killer Seeds

Peter Montague
Environmental Enron: the Clean Coal Con

Ramzy Baroud
Gaza's Dying Children

Robert Fantina
McCain, Racism and the Supreme Court

Robert Weitzel
A MAD Foreign Policy: America's Irrational Defense of Israel

David Macaray
The Supreme Court's Hostility to Organized Labor

Howard Lisnoff
Where's the Anger?

Richard Rhames
Grieving Mr. Gotcha: Russert, GE and Neutron Jack

Gail Dines
Penn, Porn and Me

Tim Matson
Bright Ideas for Storms and Blackouts

June 21 / 22, 2008

Alexander Cockburn
The Russert Send-Off

Jeffrey St. Clair
Adventures in the Endangered Skin Trade

Pam Martens
A Secret Oil Gusher Inside Citigroup

Mike Whitney
The Game is Over: an Interview with Michael Hudson on the Economy

Chris Floyd
Torturegate

Tim Wise
The Ugly Side of Disaster: Katrina and the Midwest Floods

Paul Craig Roberts
A Totally Lawless Regime

Michael Winship
How Countrywide Leveraged Washington

Ron Jacobs
Vietnam Blues

Ramzy Baroud
Palestine in the American Imagination

Alan Farago
The Off-Shore Drilling Scam

Michael Yates
Paul Krugman on Race: Ignorant and Disingenuous

Dave Lindorff
Keeping America Safe: Prosecuting Children as Terrorists

Bernard Chazelle
Why Israel Won't Accept a Two-State Solution

Linda Mamoun
Mearsheimer and Walt in Tel Aviv

Jo-Shing Yang
Dying of Hunger, Dying of Thirst

Robert Jensen
Fear and Hope on a Runaway Train

Website of the Weekend
Slavery By Another Name

June 20, 2008

Robert Oscar Lopez
Brownout in Black Camelot: Obama and Latino Voters

Paul Craig Roberts
John Yoo, Totalitarian

Bouthaina Shaaban
The Real Arab AIPAC

Bill Quigley
The Big Lock-Up

Moshe Adler
Is Cuba Done With Equality?

Patrick Cockburn
An End to Iraq Contractor Immunity?

Andy Worthington
John McCain, Torture Puppet

Norman Solomon
Health Care and the Ghosts of War

Martha Rosenberg
Can Wyeth Fool American Women Twice?

June 19, 2008

Ralph Nader
Why Won't Corporations Take On Big Oil?

Chellis Glendinning
Techno-Fascism: Every Move You Make

Neve Gordon
Learning to Drive in Rafah

Dave Lindorff
Killing the News in Iraq

Sheldon Richman
Habeas Corpus Saved--Barely

George Bisharat
Obama's Missteps

Jackie Corr
Dear Mr. Kilowatt

Farzana Versey
Will Gorkhaland Become a Reality?

Website of the Day
Trouble on the Range

June 18, 2008

Nicole Colson
Hunger and Humiliation in the Belt-Tightening Economy

Rev. William E. Alberts
The "F" Word and the White Press

Vijay Prashad
Obama's Genuflections to the Swing Lobby

Parvez Ahmed
Oil Prices, Market Regulation and the Election

Bob Moss
Judicial Warfare in Boumediene

Dave Lindorff
The Elephant in the Room

David Wilson
Bush in London

June 17, 2008

Conn Hallinan
The Brain Trauma Vets

Wajahat Ali
Chomsky Speaks: On Iran and Iraq

Marjorie Cohn
Reviving Habeas Corpus

Uri Avnery
Two Professors: Mearsheimer and Walt in Israel

David Macaray
Adversarial Relationship

Rannie Amiri
Forgotten Lives in a Forgotten War

Website of the Day
Pentagon Money

June 16, 2008

Uri Avnery
An Apology

Corey D. B. Walker
The Racial Politics of Symbols

Howard Lisnoff
Files Upon Files

Dennis Loo
2008 Elections: Of Whales and Worms

Paul Craig Roberts
Obama and the Fall Into Tyranny

June 13 / 15, 2008

Douglas Valentine
McCain: War Hero or Go-To Collaborator?

Alexander Cockburn
Change, What Change?

Jeffrey St. Clair
The Politics of Timber Theft

Peter Linebaugh
On Wat Tyler Day

Ishmael Reed
The Colossus: Sonny Rollins, Take One

Joe Bageant
Old Dogs and Hard Time

Harry Browne
Ireland Shows the Way!

Andy Worthington
The Supreme Court's Gitmo Decision: What Does It Mean?

Jeff Sharlet
The F-Word

Binoy Kampmark
They Gassed Us: Agent Orange in OZ

Alan Farago
His Little Piece of the Pie

Brian Cloughley
America the Detested: the Pakistan Airstrikes

Manuel Garcia, Jr.
How to Stretch Gasoline

Reza Fiyouzat
Oil and Racism

Patrick Bond /
Richard Kamidza
How Europe Underdevelops Africa

David Yearsley
Music in the Rubble

Niranjan Ramakrishnan
Thank You, Dennis Kucinich!

Ronnie Cummins
Don't Panic; Go Organic

Dan Bacher
Bush Tries to Raid Salmon Disaster Funds

Michael Dickinson
Jesus in Megiddo Prison

Seth Sandronsky
My Father's World

Poets' Basement
Tu Fu / Rexroth

Website of the Weekend
Torture and the American Psyche

June 12, 2008

Judith Levine
As Cranes Fall and People Die

Patrick Cockburn
Amid Iraqi Fury, U.S. Offers Concessions on Military Bases

Saul Landau
The Iraq War Becomes Suicidal

Christopher Brauchli
Bush Bling-Bling: Government by Crony

Norman Solomon
Deadly Diplomacy

Helen Redmond
Why Can't We All Get KennedyCare?

Laura Carlsen
No Rest for the Working Poor

Jeremy R. Hammond
Threats Against Iran Escalate

Anne Landman
Pinkwashing: Can Shopping Cure Breast Cancer?

Website of the Day
Fire in Watts

June 11, 2008

Paul Craig Roberts
Why Oil Prices Are So High

Ralph Nader
Wall Street Gamblers

Joshua Frank
Why I Can't Support Barack Obama

Clifton Ross
Conversation in Miami: the Neoliberal Left and Socialism

Muhammad Idrees Ahmad
Whatever Happened to "Democracy Now?"

Stephen Lendman
Exposing Pentagon and CIA Corruption

Diane Farsetta
Talking Back to Bill O'Reilly

Ron Jacobs
The Sixties Painted Black

Deborah Rich
Hay Belly Nation: the FDA and the O-Word

Hop Wechsler
A Friend of Women? My Bill Clinton ... and Ours

Website of the Day
A New Path to the Waterfall

June 10, 2008

Alan Farago
John McCain and the Company He Keeps

James G. Abourezk
Deadly Fallout From Obama's Groveling Before Israel Lobby

Saree Makdisi
Banned in the U.S.A. (Almost)

Malini Johar Schueller
A Picture From Beirut

John Ross
Killing Foods, Killing People

Wajahat Ali
Rumi and Sufism

Peter Morici
Bernanke Aggravates Recession Risks

Jordan Flaherty
Inside Angola Prison, Louisiana's Last Slave Plantation

Gary Macfarlane
Collaboration on the Clearwater: Is It Legitimate?

Joanne Mariner
The Gitmo Trials: an Inglorious Start

Website of the Day
The End of the Clinton Machine?

June 9, 2008

Uri Avnery
No, I Can't: Obama, Israel and AIPAC

Nikolas Kozloff
McCain & the Republican Insitute: Promoting Iraqi Occupation for "a Million Years"

Allan Nairn
Drawing Your Last Breath Hungry

Dennis Loo
Threats on Iran and the "Batterer's Defense"

Harry Browne
Irish Euro Vote Comes Down to the Wire

C. Hand
U. S. Bid to Hike Iran's Gas Prices Seems Doomed

Peter Morici
An Unsustainable Trade Deficit

Kenneth Couesbouc
A Ripe Time for Inflation

Martha Rosenberg
The Inconvenient Senator Grassley

James L. Secor
Chinese Superstition or Unconscious Oracle?

Website of the Day
Pay Bo Diddley!

June 7 / 8, 2008

Alexander Cockburn
Obama Goes Over the Top

Ishmael Reed
How Miles Davis Changed My Life

Jeffrey St. Clair
What a Miner's Life is Worth

Nikolas Kozloff
Meet the King the Beers: John McCain and Latin America

Dave Lindorff
The High Cost of a Single War-Like Remark: Oil Prices, Israel, Iran and the U.S.

Robert Fantina
When Truth is the Casualty

Conn Hallinan
Iran and Rumors of War

Neve Gordon
The Occupation and the Politics of Death

Tom Barry
The Deterrence Strategy of Homeland Security

Patrick Irelan
Raiding the Packing House

Tim Wise
Your Whiteness is Showing

David Ker Thomson
The Hard Question

Joshua Frank
"Socialist" Wins Republican Nomination in Montana

David Yearsley
Disaster Music

James T. Phillips
1968: Year of the Rat

Joe Allen
The Real Bobby Kennedy

P. Sainath
Making Life Brighter in Kondapur

David Macaray
Should Unions be More Democratic?

B.R. Gowani
Experience and the Two-for-One

Fred Gardner
What Happened (at the DA's Office)

Peter Harley
Technology to the Rescue? Kurzweil and the Human Machines

Michael Dickinson
Surrender the Bones of Geronimo!

Jen Roesch
Where are the Real Women in Sex and the City?

Poets' Basement
Gibbons, Landau, and Buknatski

Website of the Day
Partying with the Waltons

June 6, 2008

Frank Barat
An Interview with Ilan Pappé and Noam Chomsky on the Future of Israel / Palestine

Patrick Cockburn
U.S. Extorts Iraq to Approve Military Deal

Gary Leupp
Cheney Enrages Iraqis Over Security Deal

James Abourezk
Name That Terrorist

Peter Morici
Recession Grips the Jobs Market

Faheem Hussain
What is NATO Doing in Afghanistan?

Andy Worthington
Guantánamo's Britons Go on Hunger Strike

Ayesha Ijaz Khan
How Will Musharraf Go? Impeachment or Safe Exit?

Dave Lindorff
Congress Needs to Defend Itself

Website of the Day
Backstage with Bo Diddley

June 5, 2008

Patrick Cockburn
Bush's Secret Deal Would Ensure Permanent U.S. Occupation of Iraq

Sharon Smith
Hillary's Wreckage

Nikolas Kozloff
Obama's Electoral Dilemma: Latinos or Reagan Democrats?

Linn Washington, Jr.
Police Brutality and Cover-Up in Philly

Omar Barghouti
60 Years of Nakba, 41 Years of Occupation ...

Scott Pellegrino
Jim Crow Radio: Bob Grant's Lifetime Achievement Award

John Walsh
Obama Woos AIPAC

Dan Bacher
The Parching of California

DC Larson
Nazi Rockers ... F-Off

Robert Jensen
Masculine, Feminine or Human?

Website of the Day
Ohio Cops Attack Long Walkers

June 4, 2008

Eric Walberg
Princess Patricia and the Taliban

Gary Leupp
Iran and EFPs: Chronology of a Lie

Ralph Nader
Disenfranchised Youth

Dave Lindorff
Of Whiners and Poor Losers

George Wuerthner
Farm Economics

Victor M. Rodriguez
The Puzzle of Race and Politics

Remi Kanazi
Why a Cultural Boycott of Israel is Needed

Stephane Luçon
Renault's Romanian Fairyland Suspended

Farzana Versey
The Tablighi Jamaat Movement

Laray Polk
The Militarization of Space

Website of the Day
Red State Rebels

June 3, 2008

Paul Craig Roberts /
Lawrence M. Stratton
Legislating Tyranny

Mike Whitney
The Withering Economy

Steve Early
San Juan Showdown

Manuel Otero
Why Hillary Won Puerto Rico: the View from the Colony

George Bisharat
The Hope of a Victimized People

Nikolas Kozloff
Obama's VP Quandry

Dan Bacher
Death on the Salmon Highway

Website of the Day
Censoring Bill Knott?

June 2, 2008

Uri Avnery
The Olmert Scandal

Nikolas Kozloff
Obama's Latino Problem Getting Worse

Allan J. Lichtman
Revisionist History: Bush, Borah and Hitler

Malini Johar Schueller
The Color of Randomness: Returning to the US From Beirut Via Syria

Robert Weissman
What's Driving Skyrocketing Oil Prices?

Peter Morici
Bailing Out Wall Street

Manuel Garcia, Jr.
Don't Get Burned: How to Protect Yourself From Raytheon's Pain Gun

John Ross
Celebrating Catholic Fanaticism in Mexico

Ahmad Al-Akhras
Encounters with the Watch List

Website of the Day
Man on Earth

May 31 / June 1, 2008

Alexander Cockburn
The Worst is Yet to Come

Jeffrey St. Clair
Arkansas Bloodsuckers

Gary Leupp
How McClellan Prettifies Bush

Stan Cox
Broken Agriculture

Rannie Amiri
Lebanon: the Domino That Wouldn't Fall

P. Sainath
A Guaranteed Day's Work--in the Fields, at 110 Degrees, for $2 a Day

Binoy Kampmark
Going Bankrupt in Vallejo

Robert Fantina
Bush, Rice and McClellan

Seth Sandronsky
Will There be Water Riots, as Sacramento Goes Dry?

Corporate Crime Reporter
Death Penalty for Bush?

Anthony DiMaggio
Gaming the Ghetto: Grand Theft Auto IV, Racist Media and the Concrete Jungle

Karl Grossman
A Half-Trillion for Nukes

Matt Reichel
From Vegas to the Heartland and Back Again

Paul Myron Hillier
Of Gas and God

Andy Worthington
Suicide at Guantánamo

David Yearsley
And the Winner is ... Wayne Shorter

Daniel Cassidy
Free Lunch

Charles Thomson
If Hitler Had Been a Hippy ...

Gary Corseri
A Dream Deferred: Activism and the Arts

Wajahat Ali
Sex and the City Through a Man's Eyes

Ron Jacobs
Robins Weep

Poets' Basement
McNeill and Davies

Website of the Day
Last Charge of the Light Horse

May 30, 2008

Bassam Aramin
Here's the Truth You've Been Running From

Andrew Cockburn
Petraeus' Iran Obsession

Saul Landau
How We Got Into This Mess

Nikolas Kozloff
Meet South America's New Secessionists

Robert Sandels
Turning Back the Clock on Cuba

Dave Lindorff
Talk is Cheap

Martha Rosenberg
Raiding Big Meat; Arresting the Wrong People

Harvey Wasserman
Lieberman & McCain: Linking Internet Censorship and Atomic Reactor Terror

Doug Giebel
A Plague on Both Your Houses (of Congress)

Shaun Harkin
The Trial of the Raytheon 9

Website of the Day
The Once and Future Environmental Movement

May 29, 2008

Jeffrey St. Clair
Bill Clinton and the Rich Women

Nikolas Kozloff
Puerto Rico, Obama and the Politics of Race

Col. Dan Smith
Deceiving the Dead

Karl Grossman
The Most Lucrative Incentive for Nuclear Power in the History of the United States

William S. Lind
Inside the Washington Game

Robert Weissman
What to do About the Price of Oil

Dave Lindorff
Why Puerto Rico Won't Matter

David Macaray
A Union Fable

Chris Genovali
Fear and Loathing in the Northern Rockies

Laura Carlsen
Mexico's Battle Over Oil

Website of the Day
Support Antiwar.com

May 28, 2008

Wajahat Ali
The Libertarian Dark Horse: An Exclusive Interview with Ron Paul

Ralph Nader
What's Really Driving the High Price of Oil?

Brian McKenna
Why I Want to Teach Anthropology at the Army War College

Corporate Crime Reporter
Why Vincent Bugliosi Wants to Prosecute George W. Bush for Murder

Brian Cloughley
The Attack on Damadola

Eric Walberg
Opium for the Masses from Afghanistan

Michael Dickinson
Raytheon's Pain Ray: Coming to a Protest Near You

Ijaz Khan
Opening Windows in Pakistan

Website of the Day
Older Than America

May 27, 2008

Alexander Cockburn
In Her Mind She's Killed Before: the Plot to Assassinate Ralph Nader

Greg Kafoury
Is Obama Turning (Further) Right?

Jean Bricmont
Western Delusions

Tim Wise
Farrakhan is not the Problem

Ricardo Alarcón
Puerto Rico's Turn

Stephen Soldz
APA Supports Psychologist Engagement in Bush Regime Interrogations

Andy Worthington
The Guantánamo 16

Alan Singer
Vapid, Stupid and Insulting: Chuck Schumer Speaks to the Graduates

Richard Neville
Storm in an A-Cup

Susie Day
Gone with the W

May 26, 2008

Uri Avnery
The Syrian Option

Bill Quigley
War Immemorial Day

Col. Dan Smith
Retreating from Hell: a Different Memorial Day

Cindy Sheehan
Why Memorial Day is a Double-Whammy for Me

Marjorie Cohn
Hillary's Assassination Politics: Her Last Shot?

Fred Gardner
Does the VA Care?

Raymond J. Lawrence
Pain Pays: Getting Rich at NY Presbyterian Hospital

Harvey Wasserman
Mugging the Election System

Moncia Benderman
Truth Matters

David Rovics
In Praise of Utah Phillips

Website of the Day
Fox News Jokes About "Knocking Off" Osama and Obama

May 24 / 25, 2008

Alexander Cockburn
Death-Wish Hillary Primes Manchurian Candidate

Jeffrey St. Clair
Yellowstone: How Sununu Shrank the Ecosystem

Barbara Rose Johnston
Dam Legacies, Damned Futures

Nikolas Kozloff
U.S. Fourth Fleet in Venezuelan Waters

Adriana Kojeve
The Environment and the 2008 Elections

Robert Fantina
Justice Department's Revelations on Torture

Dave Lindorff
Bush's War on Children in Iraq

David Yearsley
The War on Kitsch

Nelson P. Valdés
The Buying of "Democracy" Agents in Cuba

Kathleen M. Barry
Celebrating Ethnic Cleansing

John Ross
Mexico's Narco Opera Reaches for High Point

Allison Kilkenny
Apathy Doesn't Live in Bronx

Fred Gardner
Orangeburg, 1968

Elizabeth Schulte
Can the Whole World be Fed?

Daniel Gross
Remembering the Wendy's Massacre: the Dangerous Side of Retail Work

Christopher Brauchli
The Search for a Token Right-winger

Richard Rhames
A Nation of Sheep

Daniel Cassidy
My Mother

Poets' Basement
Davies, Klipschutz and Willson

Website of the Weekend
Happy Birthday, Bob

May 23, 2008

Paul Craig Roberts
War Abroad, Poverty at Home

Alan Farago
The Radical Extremists of the Building Industry

Conn Hallinan
Ballots and Bullets: From Beirut to Bolivia

Mark Engler
The World After Bush

George Wuerthner
Cars and Cows: Living Large in America

Kamran Matin
The Kurds and American Neo-Imperialism

Sandy Boyer /
Shaun Harkin
The Long Incarceration of Pol Brennan

Robert Weitzel
A "Holey" Instrument of Peace in Iraq

Cindy Sheehan
An Uphill Battle

Liaquat Ali Khan
Pakistan's Futile Constitutional Amendment

Website of the Day
A Message from the Moral Compass of the McCain Campaign

May 22, 2008

Vijay Prashad
Racist Grammar

Joanne Mariner
A Military Commissions Cheat Sheet

Sharon Smith
60 Years of Apartheid

Jeff Birkenstein
Disaster Redux: Some Early Thoughts on the Earthquake in China

Brendan McQuade
From Obama to the PRTs in Iraq

Peter Morici
The Sorry State of the Banking Industry

Niranjan Ramakrishnan
Restoration Boulevard

Dave Zirin
What I Want to Ask Mary Tillman

Ron Jacobs
CPR for the Antiwar Movement

Stephen Lendman
Immoral Hazard

Website of the Day
Hagee: God Sent Hitler to Drive the Jews to Israel

May 21, 2008

Jeffrey St. Clair
The Gothic Politics of Hillary Clinton

Nikolas Kozloff
U.S. Military Bases in South America

Alan Farago
Miami, Cuba and the Presidential Campaign

Dave Lindorff
Big John and the Scary, Scary Iran Threat

David Model
Genocide in Iraq?

Eric Walberg
Afghanistan: Who is the Enemy?

Franklin Lamb
Lebanon Gets a President

Kenneth Couesbouc
Tax Against Tyranny

Website of the Day
Child Labor and War-Affected Children: a Photo Essay

May 20, 2008

Ralph Nader
A Trip Inside Google

Uri Avnery
With Friends Like These

Patrick Irelan
The Empire and the Fleet

Ray McGovern
Come Out, Admiral Fallon, Wherever You Are

David Macaray
The UAW Strike Against American Axle

Chris Genovali
Big Oil on the Water: Skating Around the Tanker Issue

Ibrahim Fawal
Birmingham, Israel and the Nakba

Christopher Ketcham
Let Us Now Praise Famous Suicides

Andy Worthington
Guantánamo Trial Delayed

Martha Rosenberg
Merck is a Repeat Offender

Website of the Day
Defend the Students Who Pied Tom Friedman

May 19, 2008

Saul Landau
Cuba Will Live

Paul Craig Roberts
The Metamorphosis of the Conservative Movement

Brian McKenna
Brotherly Love in Philly's Badlands

Patrick Cockburn
City of the Dead: Mosul on Lockdown

B. R. Gowani
The Central Problem Pakistan Needs to Tackle

Dr. Trudy Bond
Psychologists and Torture: If Not Now, When?

Cindy Sheehan
Whose War is It?

John Mohawk
The Warriors Who Turned to Peace

Remi Kanazi
When Free Speech Doesn't Come for Free

Robert Day
I Get a Horse

Website of the Day
Evolve or Die

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From Military Commissions to the War on Terror

What Boumediene Means

By JOANNE MARINER

The Supreme Court ruling in Boumediene v. Bush was a nail in Guantanamo’s coffin. For the third time in four years, the Supreme Court sent a strong message that it disagrees with the Bush Administration’s detainee policies.

The Court’s 70-page opinion, written by Justice Anthony Kennedy, holds that prisoners in US custody at Guantanamo have the right to challenge their detention via a fair process in federal court. Specifically, the decision says that the Military Commissions Act of 2006, which stripped the detainees of their right of access to the courts, represents an unconstitutional suspension of the writ of habeas corpus. The ruling overturned a lower court decision that found that the 2006 law was constitutional.

Like the Court’s previous Guantanamo decisions, the ruling is a victory for individual rights. But viewed as a whole, along with the laws and executive orders that they address, the decisions also provide an interesting case study in the checks and balances, highlighting the complex power relationships among, and decision-making processes of, the three branches of government.
The ruling directly answers several pending questions, and contains clear implications for others, but there are still other relevant and important questions that it leaves for the lower courts to decide.
When reading and thinking about Boumediene, here are a few questions worth considering:

* Will the US government have to close the detention facility at Guantanamo? Or if it does not shut down the facility, does the ruling at least mean that many prisoners currently held at Guantanamo will have to be released?

* What kind of procedures are constitutionally required during habeas corpus review of a detainee’s status as an “enemy combatant,” and what kind of deference (if any), should a federal court give the military’s previous status determination?

* What are the ruling’s implications for the ongoing military commission proceedings at Guantanamo?

* Will detainees in US custody in Iraq and Afghanistan, and in secret CIA custody overseas have a right of access to US federal courts?’

* What are the ruling’s implications for possible preventive detention legislation (to allow the continued detention of suspected terrorists without charge, but under a “future dangerousness” rationale as opposed to an “enemy combatant” rationale)?

* What does the Supreme Court think of the so-called Global War on Terror (GWOT)?

I’ll briefly examine some of these questions below.

Guantanamo’s Future

The Boumediene ruling does not directly require the government to release the prisoners at Guantánamo, or even to transfer them elsewhere. In fact, there’s language in Justice Kennedy’s opinion that could be understood as legitimating the long-term detention of enemy combatants as part of the so-called war on terror, as long as the government provides a fair process for such persons to challenge their detention.

Yet, importantly, by saying that Guantanamo is no longer a law-free zone, the ruling strips Guantanamo of its main reason to exist. The reason the administration chose to send detainees to Guantanamo in 2002 was so that it could hold them without lawyers and access to the courts. (See, for example, the memorandum from Patrick F. Philbin and John Yoo of the Office of Legal Counsel of the Department of Justice, dated December 28, 2001, which Justice Antonin Scalia cites in his dissent.)

With the Court’s ruling in Boumediene, detention at Guantanamo is, in terms of detainees’ legal rights, functionally equivalent to detention on US soil. The only remaining incentives that the administration has for keeping people there, as opposed to moving them to some prison in the US, are that the cells are available (having cost millions of dollars to build), and there are no neighbors or local communities to complain. (While the Cuban government is not happy about the detentions at Guantanamo, the US government has never taken its concerns into account.)

Whether the Boumediene ruling will result in large numbers of detainees being released from Guantanamo depends on whether the administration actually has evidence to justify these detentions, and whether its definition of enemy combatant is found to be constitutionally sound. The ruling will no doubt lead to some releases, but without access to more information it is difficult to say how many.

Due Process Requirements

In holding that the procedural protections presently afforded detainees during status review proceedings are not an adequate and effective substitute for habeas corpus, the Court did not explain exactly what a procedurally sound review process would look like, but it did give some indication of its views on this important issue.

A key issue that the Court emphasized was the need for detainees to be able to present relevant exculpatory evidence that was not made part of the record of earlier proceedings. It also stated that the reviewing court would have to have “some authority to assess the sufficiency of the Government’s evidence against the detainee.”

The Court also emphasized, however, that habeas corpus proceedings “need not resemble a criminal trial”—that, in other words, their procedural protections could fall short of what is required to protect the rights of criminal defendants. A crucial question, on this point, is whether secret evidence (which is not permitted in criminal proceedings) might be used to justify a person’s detention, and might remain hidden from the detainee even during habeas review.

Although the Court acknowledged that the use of classified evidence is an obstacle to the detainee’s ability to rebut the factual basis for his detention, it did not indicate that reliance on such evidence would, in the end, be deemed objectionable. Indeed, if anything, it suggested the opposite: Citing the 1953 case that formally recognized the state secrets privilege, the Court emphasized that “the Government has a legitimate interest in protecting sources and methods of intelligence gathering.”

Military Commissions

The Supreme Court’s opinion in Boumediene never specifically mentions the ongoing military commission proceedings at Guantanamo, by which 19 defendants are currently facing charges. The ruling does, however, have important implications for the viability of the commissions process.

First, and most basically, military commissions only have jurisdiction over unlawful enemy combatants, and the Court ruled that detainees can challenge their status as enemy combatants in federal court. At a minimum, therefore, any detainee whom the federal courts find not to be an enemy combatant will not be able to be tried by a commission.

Equally crucially, the court held that detainees at Guantanamo enjoy constitutional protections, a claim that both the administration and military commission judges have rejected. (Indeed, last year the judge in the Omar Khadr case issued an order explicitly prohibiting the defense and prosecution from making constitutional arguments with regard to whether military commissions had jurisdiction over the case.)

While the Court did not address whether the detainees would enjoy the full range of constitutional protections, its ruling did open the door to the assertion of constitutional claims. It will strengthen arguments made by defendants in military commission proceedings regarding, for example, the ex post facto nature of some of the charges against them, and regarding the procedural shortcomings of the military commissions process.

And the War on Terror?

In contrast to Justice O’Connor’s cautious 2004 opinion in Hamdi v. Rumsfeld (which involved a plaintiff who was captured on a traditional battlefield in Afghanistan, and which repeatedly emphasizes the “narrow circumstances” at issue), Justice Kennedy’s opinion in Boumediene seems willing to adopt the administration’s notion of a War on Terror (or, more precisely, a global conflict between the United States and Al Qaeda).

Unlike Hamdi, the lead Bosnian-Algerian plaintiffs in Boumediene were found in a decidedly non-war-time situation: they were arrested in Bosnia by Bosnian police, and later handed over to the US. Yet the Court seems to accept, at least as a prima facie matter, that they might still be considered combatants. It also makes a couple of references to the military conflict at issue in the case, at one point suggesting that it began on September 11, 2001.

On this question, it is instructive to read Justice Scalia’s amazingly vociferous dissent. Scalia—who, in this 5-4 ruling, is only a vote away from being in the majority—appears to date America’s “war with radical Islamists” back to 1983. (As he describes it, “The enemy began by killing Americans and American allies abroad: 241 at the Marine barracks in Lebanon ...”) While Justice Thomas, in the dissent he penned in Hamdan v. Rumsfeld, dated the war on terror back to 1996 (which coincides with the administration's view, judging from military commission charges that have been brought), 1983 is a new record.

Justice Scalia’s broad reference to radical Islamists, rather than Al Qaeda specifically, is also no accident, given that the 1983 attack on the Marine barracks in Lebanon is generally attributed to Hezbollah.

What is important about the Court’s opinion, at any rate—and which makes the most meaningful contrast with Scalia’s views—is that the Court is not so mesmerized by the idea of war that it is willing to throw due process out the window. In this way, the Court’s opinion is reminiscent of the 2006 ruling by the Israeli Supreme Court in the targeted killing case.

In both cases, the courts have tried to emphasize that even wars have rules.

Joanne Mariner is a human rights lawyer.

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