Reply #36: the Conventions trump regular law... [View All]

[crimsonblue]

so the argument that the law may impede the Courts doesn't hold much water. Remember that SCOTUS shot down the first attempt by Congress to set up a series of military tribunals. It's only a matter of time before it shuts down the latest iteration. I think it is only 1 issue we are dealing with: do these men have rights accorded by the Geneva Conventions? If yes, they have the right to sue to enforce their rights; if no, then what they say is meaningless and they have no standing to sue. Regardless, the right of Habeus Corpus remains and is universal; these men have the right to at least know the justification as to their detention.