NEW DECISION: Supreme Court Lets Guantanamo Prisoners Challenge Detention in U.S. Courts. More at Scotusblog.
UPDATE: More, including a quick summary, from Jonathan Adler: “As I (super-quickly) skim Justice Kennedy’s opinion for the Court, it appears to hold that Guantanamo detainees have habeas rights, that these rights can only be denied through a valid suspension of habeas rights (under the Suspension Clause of the Constitution), that the procedures created by the Detainee Treatment Act were not an adequate substitute for habeas, and therefore Section 7 of the Military Commission Act is an unconstitutional suspension of the detainees’ habeas rights.”
ANOTHER UPDATE: Further thoughts from Professor Bainbridge, including this: “One legal issue that I have not seen adequately dealt with is why the jurisdiction-stripping provisions of the relevant statutes do not have the effect of foreclosing these sort of law suits.” A cynical answer is that with a Democratic Congress, they know there will be no consequences.
MORE: Big roundup from Hot Air. And Bruce Kesler calls it a victory of lawfare.