“WITH ALL DELIBERATE SPEED”: RASUL V. BUSH, TEN YEARS LATER

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New Yorker

David Cole


"Ten years ago Saturday, the Supreme Court ruled, in Rasul v. Bush, that foreign 'enemy combatants' held at Guantánamo Bay Naval Station had a right to challenge the legality of their detention in court. The decision, the first to extend such a right to the enemy in an armed conflict, was widely and justifiably hailed as a major victory for the rule of law. The Court had rejected President George W. Bush’s claims of uncheckable authority to deprive people of their liberty without review. As Justice Sandra Day O’Connor wrote, in a companion case issued the same day, 'a state of war is not a blank check for the President.'..."

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