The Constitution, states, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
I believe the question before the court was should habeas corpus have been suspended in relation to these prisoners — or was 9/11 a case of rebellion or invasion of the public safety? And was the Military Commissions Act of 2006 constitutional?
Another question would be, how is it a person who is not a citizen of the U. S. comes under the protection of the Constitution? When we say “our Constitutional Rights”, I don’t think that includes everybody on the planet, especially our enemies.
“The petition (for habeas corpus) must show that the court ordering the detention or imprisonment made a legal or factual error. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that he or she has been wrongly imprisoned.”
Question: Who bestowed on these guys, who are not American citizens, the rights of the Constitution?
I do not agree with the Supreme Court decision. But then five great minds have spoken.