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The tribunals ruling: Undue protections
As expected, the U.S. Supreme Court overruled the administration's view. Yet, the detainees will not be released and President Bush says he will work with Congress for appropriate legislation.
The administration believes that it has war powers authority to set up the tribunals. We agree. Those who fight under no flag and reject the law of war need not be treated with the protections of the law they disdain.
There is, however, an overarching reason to distinguish sharply between lawful and unlawful combatants. To the extent the courts of the United States do not make the distinction, terrorism is legitimized as a war-making strategy.
Justice John Paul Stevens wrote the lead opinion in the 5-3 judgment. The president and Congress must find a way to deflect a dangerous thrust that the liberal media happily proclaims a "repudiation" of President Bush but strikes at the heart of civilization.
Justice Clarence Thomas, in dissent, is keenly aware of the peril:
"'(C)ivilized peoples' would take into account the context of military commission trials against unlawful combatants in the war on terrorism, including the need to keep certain information secret in the interest of preventing future attacks ... ."
In this week before Independence Day, Mr. Justice Thomas understands what is at stake.
