There’s a lot to say about how we got from January 11, 2002 to today—and how there are still 30 detainees at Guantánamo, with no reason to expect that number to go down significantly anytime soon. But I thought I’d use this particular anniversary to remind folks of the role the Supreme Court played in Guantánamo cases—at least for the first decade.
It’s an interesting historical story unto itself, but it also reflects a broader, deeper debate about the core purpose of the “Great Writ” of habeas corpus—whether it’s the protection of individual rights (in which case, the Guantánamo cases are not a happy story) or the preservation of a meaningful judicial role vis-a-vis the other institutions of government (in which case, the Court’s behavior seems both more successful and much easier to defend).
Meanwhile, Carol Rosenberg and Marisa Schwartz Taylor had this richly illustrated story last week in The New York Times about Guantánamo and its "Camp Justice."
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