Move on

The US Supreme Court has handed down a decision in Guantanamo Bay detainees case.

WASHINGTON (CNN) -- The U.S. Supreme Court on Thursday strongly limited the power of the Bush administration to conduct military tribunals for suspected terrorists imprisoned at the U.S. Navy base in Guantanamo Bay, Cuba.

The 5-3 ruling means officials will have to come up with a new policy to prosecute at least 10 so-called "enemy combatants" awaiting trial -- it does not address the government's ability to detain suspects.

The case was a major test of Bush's authority as commander-in-chief during war. Bush has aggressively asserted the power of the government to capture, detain, and prosecute suspected terrorists in the wake of the 9/11 attacks. (Watch analyst say administration has to start over -- 3:50)

At the center of the dispute was a Yemeni man, Salim Ahmed Hamdan, who officials said admitted he was al Qaeda leader Osama bin Laden's driver and bodyguard.

"The military commission at issue is not expressly authorized by any congressional act," said Justice John Paul Stevens, writing for the majority. The tribunals, he said, "must be understood to incorporate at least the barest of those trial protections that have been recognized by customary international law."

"In undertaking to try Hamdan and subject him to criminal punishment, the executive (Bush) is bound to comply with the rule of law that prevails in this jurisdiction," Stevens said.

My personal inclination was that President Bush was overreaching. Then a Chief Executive's sometimes has to make decisions during war-time that he would not do otherwise if the country was at peace. Like Lincoln suspending habeas corpus during the Civil War.

It's done and over with. Hamdan will get his day in Federal District Court. If the case is strong, he'll get the appropriate justice. Just like if it had been a military court. I think 12 jurors will make the right decision.

James Joyner at OTB has lots of links and some good analysis. Also check out Professors Althouse for her thoughts. Michelle Malkin has plenty of links.

Also blogging on the decision- Kim at Wizbang, Assorted Babble, A Blog for All, Stop the ACLU, Uncooperative Blogger, Professor Bainbridge, Iowa Voice, Captain's Quarters, Betsy, John at Bullwinkle Blog,