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Guantánamo Follies & Military Commissions Act 2006

Each development in the show trials of Guantánamo Bay inmates brings fresh evidence of how urgent it is for the courts to strike down the Military Commissions Act of 2006 and for Congress to rewrite it, says an editorial in The New York Times.

“There has been much speculation about the Supreme Court’s decision not to hear an appeal from a group of Guantánamo Bay inmates until they have exhausted their legal options.

“Was the court signaling that the appeal had no merit? Were the court’s liberals waiting for a better chance to review President Bush’s unconstitutional detention system for ‘illegal enemy combatants’?

“Whatever the justices’ intentions, we saw one clear message in their decision, and we hope that Nancy Pelosi, the House speaker, and Harry Reid, the Senate majority leader, saw it too.

“It is past time for Congress to undo the grievous damage done by President Bush’s abuse of the Constitution when he created his system of secret prisons and public internment camps to detain selected foreigners indefinitely without any real legal challenge.

“In the months since Congress passed the Military Commissions Act of 2006, the administration has pushed ahead with the show trials permitted by the law. Each development in that courtroom brings fresh evidence of how urgent it is for the courts to strike down that law and for Congress to rewrite it…”

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