The Court held 5-4, in an opinion by Justice Kennedy, that the petitioners at GTMO have a constitutional right to petition for habeas corpus and that the DTA/MCA process of D.C. Circuit review from CSRT decisions is not an adequate alternative to habeas. On the latter ruling, as I predicted, the mess of the Bismullah case might have been the straw that broke the camel’s back: “The order denying rehearing [in Bismullah] was accompanied by five separate statements from members of the court, which offer differing views as to scope of the judicial review Congress intended these detainees to have. Under the circumstances we believe the costs of further delay substantially outweigh any benefits of remanding to the Court of Appeals to consider the issue it did not address in these cases.”
Thus, the petitioners will be able to have habeas petitions considered in district court.
That’s very, very big news.