The Supreme Court has overturned the Bush administration's policy toward detainees in Guantanamo Bay, Cuba.
The following quote from Justice Anthony Kennedy seems to reveal the thinking that informed the majority:
"The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
Justice Breyer went on to say, "Congress has not issued the executive a blank check. Indeed, Congress has denied the president the legislative authority to create military commissions of the kind at issue here. Nothing prevents the president from returning to Congress to seek the authority he believes necessary."
"Where, as here, no emergency prevents consultation with Congress, judicial insistence upon that consultation does not weaken our Nation's ability to deal with danger. To the contrary, that insistence strengthens the Nation's ability to determine -- through democratic means -- how best to do so," Breyer wrote.
"The Constitution places its faith in those democratic means," Breyer concluded. "Our Court today simply does the same."
This seems to demonstrate faith in constitutional, legal means and a kind of ultimate Americanism. Will this be the day in history when the US put its money where its mouth is concerning due process and rights? Will this remediate the perception that the US doesn't really mean what it says about human rights?
Or does the decision merely tie the hands of an administration that believes it must use any and all means, to "win ugly" against militant Muslim terror if necessary?