Editing Unlawful combatant (section)

====Supreme Court ruling on Military Commissions Act of 2006====
{{main|Boumediene v. Bush}}
On 12 June 2008, the Supreme Court ruled, in a 5-4 opinion in [[Boumediene v. Bush]], that Guantanamo captives were entitled to access the US justice system and to [[habeas relief]].<ref name=AssociatedPress20080612-a>
{{cite news
 |url = http://ap.google.com/article/ALeqM5iS3b8PdQ_oVlJA2eFtDvhnnTUvFwD918J1QO0
 |title = High Court: Gitmo detainees have rights in court
 |agency = Associated Press
 |author = Mark Sherman
 |date = 12 June 2008
 |access-date = 2008-06-12
 |quote = The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.
 |url-status = dead
 |archive-url = https://web.archive.org/web/20080622111733/http://ap.google.com/article/ALeqM5iS3b8PdQ_oVlJA2eFtDvhnnTUvFwD918J1QO0
 |archive-date = 22 June 2008
}}
</ref><ref name=GlobeAndMail20080612>
{{cite news
 |url = https://www.theglobeandmail.com/servlet/story/RTGAM.20080612.wgitmo0612/BNStory/International/home
 |title = Terror suspects can challenge detention: U.S. Supreme Court
 |work = [[The Globe and Mail]]
 |author = Mark Sherman
 |date = 12 June 2008
 |access-date = 2008-06-12
 |url-status = dead
 |archive-url = https://web.archive.org/web/20080614225408/http://www.theglobeandmail.com/servlet/story/RTGAM.20080612.wgitmo0612/BNStory/International/home
 |archive-date = 14 June 2008
}}
</ref><ref name=BaltimoreSun20080612>{{cite news
| url=http://weblogs.baltimoresun.com/news/politics/blog/2008/06/court_sides_with_gitmo_detaine.html
| title=Court backs Gitmo detainees
| newspaper=[[The Baltimore Sun]]
| author=[[James Oliphant]]
| date=12 June 2008
| access-date=2008-06-12
| archive-date=14 June 2008
| archive-url=https://web.archive.org/web/20080614213437/http://weblogs.baltimoresun.com/news/politics/blog/2008/06/court_sides_with_gitmo_detaine.html
| url-status=dead
}}</ref> The Supreme Court ruled that the [[Military Commissions Act of 2006]] operated as an "unconstitutional suspension" of the [[writ of habeas corpus]].<ref>{{Cite web |title=Boumediene v. Bush, 553 U.S. 723, 792 (2008) |url=https://supreme.justia.com/cases/federal/us/553/723/#tab-opinion-1962621 |access-date=2024-09-25 |website=Justia Law |language=en}}</ref> Justice [[Anthony Kennedy]] wrote in the majority opinion:

{{Blockquote|The laws and Constitution are designed to survive, and remain in force, in extraordinary times.}}

The Court also ruled that the Combatant Status Review Tribunals were "inadequate".<ref name=AssociatedPress20080612-a/> [[Ruth Bader Ginsburg]], [[Stephen Breyer]], [[David Souter]] and [[John Paul Stevens]] joined Kennedy in the majority.

Chief Justice [[John G. Roberts|John Roberts]], in his dissenting opinion, called the Combatant Status Review Tribunals:<ref name=AssociatedPress20080612-a/>

{{Blockquote|the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.}}

[[Samuel Alito]], [[Clarence Thomas]] and [[Antonin Scalia]] joined Roberts in the dissent.<ref name=GlobeAndMail20080612/>

[[Vincent Warren]], the executive director of the [[Center for Constitutional Rights]], the organization that initiated the action that triggered the Supreme Court ruling responded:<ref name=BaltimoreSun20080612/>

{{Blockquote|The Supreme Court has finally brought an end to one of our nation's most egregious injustices. It has finally given the men held at Guantanamo the justice that they have long deserved. By granting the writ of habeas corpus, the Supreme Court recognizes a rule of law established hundreds of years ago and essential to American jurisprudence since our nation's founding. This six-year-long nightmare is a lesson in how fragile our constitutional protections truly are in the hands of an overzealous executive.}}