The frightening thing is it was 5-4 with Bush appointees voting to uphold

"The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

- Supreme Court Justice Anthony M. Kennedy, writing the majority opinion.

The Supreme Court today did what the Founders envisioned it should do: it protected our basic constitutional guarantees from erosion and assault by a corrupt majority within the political class. In so doing, the Court took a mild though important step in reversing some of the worst and most tyrannical excesses of the last seven years. Patrick Henry warned long ago of the unique dangers of allowing executive imprisonment without meaningful process:

Is the relinquishment of the trial by jury and the liberty of the press necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earthly blessings -- give us that precious jewel, and you may take everything else! . . . Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel.

- full article in Salon

There is an enormous gulf between the substance and tone of the majority opinion, with its rich appreciation of the liberties that the founders wrote into the Constitution, and the what-is-all-the-fuss-about dissent. It is sobering to think that habeas hangs by a single vote in the Supreme Court of the United States — a reminder that the composition of the court could depend on the outcome of this year’s presidential election. The ruling is a major victory for civil liberties — but a timely reminder of how fragile they are.

- NY Times editorial

President Bush on Thursday strongly disagreed with a Supreme Court ruling that clears foreign terrorism suspects at Guantanamo Bay to challenge their detention in U.S. civilian courts. Bush suggested new legislation may now be needed to keep the American people safe.

"We'll abide by the court's decision," Bush said during a news conference in Rome. "That doesn't mean I have to agree with it." The court's decision was sure to be popular in Europe, where many leaders have called for the closing of Guantanamo.

In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.

"It was a deeply divided court, and I strongly agree with those who dissented," Bush said. "And that dissent was based upon their serious concerns about U.S. national security."

Bush said his administration will study the ruling. "We'll do this with this in mind — to determine whether or not additional legislation might be appropriate so we can safely say to the American people, 'We're doing everything we can to protect you.'"

No, Mr. President, you and your henchmen are doing everything possible to scare and coerce the American Sheeple to die on their knees rather than live on their feet.