Anthony Kennedy wrote the 5-4 Supreme Court ruling today saying that even Guantanamo detainees have the right to challenge their detention in federal court. Well, duh. But thank goodness that he stepped up here. He wrote some good stuff in the opinion. Like this:
The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system reconciled within the framework of the law.
Liberty and security can be reconciled (emphasis mine). That’s something our executive has lost sight of. Thank goodness we have more than 1 branch of government. (And in this case, thank goodness we have more than 2, as the Court had already issued a decision mostly like this, then Congress passed a new law allowing it, and the Court had to tell Congress that even they have to live within our Constitution. What a remarkable thing.)