Posted on: Wednesday, June 30, 2004

EDITORIAL
Rule of law applies even in terror war

The U.S. Supreme Court has made a difficult, but absolutely correct, ruling in the matter of terror suspects being held by the government at Guantánamo Bay, Cuba, and elsewhere.

By a 6-3 vote, the court ruled that the foreigners in military custody have a right to legal due process, including being charged and allowed a court hearing.

It must be understood that the court did not say the government must either convict or release those being held. It simply ruled against an unconscionable system in which individuals were held indefinitely without charges, hearings or access to legal representation.

The specific ruling dealt with Guantánamo, which is American territory by way of a long-term lease from Cuba. But by implication, it could apply to other detention spots both within the United States and overseas.

And more broadly than that, the court's ruling suggests that the administration's assertion of virtually unfettered authority in its war on terrorism will come under increasingly close legal scrutiny.

That's important. Even a war as difficult and uncharted as this one should operate under rules of law.

In the early days of World War II, in one of its more dubious rulings, the Supreme Court upheld the constitutionality of the internment of Japanese Americans (including some from Hawai'i) in West Coast camps.

Our nation has come to regret and apologize for that internment. Perhaps this latest ruling will help turn the tide against a repeat of that sorry history.