The Supremes have decided that US citizens have the right to due process when detained as Enemy Combatants by the US Military, even if they are being sequestered on the Moon or Guantanamo Bay Naval Station. And federal courts have jurisdiction to consider habeas corpus petitions. I feel better now that Justice O'Connor, in writing the opinion for the 6-3 majority, has reminded those of us who had forgotten:
...a state of war is not a blank check for the President when it comes to the rights of the Nation’s citizens.
She also says:
[Hamdi] unquestionably has the right to access to counsel in connection with the proceedings on remand.
It's
not clear that you have these rights if you had somehow turned your shoes into a bomb, but one thing at a time.
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