Got lots of ranting going on in my head, so I'm deciding to send the rant off into the wild internets.
Apparently, allowing detainees at Guantanamo Bay the writ of Habeas Corpus is going to clog the court system, embolden the terrorists, cost the U.S. a city and end the universe in 2012. It could also create a stranglet or micro black hole that will eat the earth. At least, that's what the hardline conservatives seem to claim, and if you can't tell already, I think that people calling it "one of the worst decisions in the history of this country" are so full of it it's spilling out of both ends. (That quote comes from McCain, BTW).
If, as the administration claims, these people are supremely dangerous and releasing them would lose the war on nonspecific nouns, then surely
they can back that up with some kind of reason or evidence at a habeas corpus hearing, right? I mean, all this allows them to do is ask that a judge be shown the evidence against them to see if there is good reason to imprison them. We're not letting them run free, they get one judge to hear exactly why the government thinks they are so dangerous, and if they aren't then there is no cause to imprison them and the judge can call of their release, and if there is good evidence they stay in prison.
Another argument thrown against this decision is that we shouldn't extend the rights of US citizens to detainees. This is kind of a flimsy argument though, because habeas corpus is more a restriction on the rights of the executive branch than a right granted to citizens. But the ruling isn't about giving rights, it's about the rule of law applying on US soil (as much as the administration wants to convince people otherwise, as a US Naval station, Guantanamo Bay is
sovereign US territory.)
Some are Godwining
the whole situation saying we're treating them better than Nazis, but that's dumb. Seriously. The Nazis got trials in international courts. We won't even let the UN look at the detainees.
In my opinion, it boils down to this: the government has nothing to fear from the granting of habeas corpus hearings if they have a good reason to lock these people up. They only have a problem if they have been imprisoning people based on association "Six Degrees of Kevin Bacon" style links to Osama. So which is it? It's time for the writ of "put up or shut up."
Of course, this is all my opinion and really means nothing, it could very well be wildly inaccurate. IANAL etc etc.