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Cornyn: Supreme Court Decision on Gitmo is Troubling

Press Release

Date: June 12, 2008
Location: Washington, DC
Issues: Judicial Branch


Cornyn: Supreme Court Decision on Gitmo is Troubling

Ruling changes law to grant "unprecedented rights" to captured terrorists

U.S. Sen. John Cornyn, a member of the Senate Judiciary and Armed Services Committees, made the following statement Thursday regarding the U.S. Supreme Court decision in Boumediene v. Bush, which involves foreign terrorist detainees held at Guantanamo Bay:

"Upon initial review, the Supreme Court's ruling is both troubling and disappointing. A slim, 5-4 majority of the Supreme Court ignored the informed wartime policy choices of both elected branches of the federal government. In 2006, 65 Senators—Democrats and Republicans alike—approved a carefully crafted law that provided these detainees a fair process consistent with America's critical national security needs.

"But, today the Supreme Court ignored this law and the informed expertise of the President and Congress in matters of national security—and gave itself a blank check to assume control of wartime detainee policy. This is unacceptable and unprecedented.

"The history of this debate and litigation concerning the rights of suspected terrorists is instructive. The Supreme Court previously said that unilateral executive decision-making was not appropriate when it came to determinations of who is and is not an alien enemy combatant—even in wartime. Pursuant to the Court's directive, Congress debated and crafted a detention review process that included review in the D.C. Circuit Court of Appeals—a court many call "the second highest court in the land." This law, crafted specifically to meet the Court's previously stated requirements, was invalidated today. The Supreme Court has moved the goalposts once again.

"But the Supreme Court is not the final word. Congress should revisit America's terrorist detention policies with additional legislation. This ruling by a very slim majority of the Court represents a dangerous and irresponsible precedent that will greatly burden our military and put our national security at risk."

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