..."a state of war is not a blank check for the president when it comes to the rights of the nation's citizens
".(Justice Sandra Day O'Connor )
The case is Hamdi v. Rumsfeld.
Writing for the Court, Justice O'Connor said that Yaser Esam Hamdi, who has been detained for more than two years after being captured fighting for the Taliban in Afghanistan, "unquestionably has the right to access to counsel" and that "we have no reason to doubt that courts, faced with these sensitive matters, will pay proper heed both to the matters of national security that might arise in an individual case and to the constitutional limitations safeguarding essential liberties that remain vibrant even in times of security concerns."
Terror Detainees Win Right to U.S. Courts
WASHINGTON - The Supreme Court delivered a mixed verdict Monday on the Bush administration's anti-terrorism policies, ruling that the U.S. government has the power to hold American citizens and foreign nationals without charges or trial, but that detainees can challenge their treatment in U.S. courts.
The administration had sought a more clear-cut endorsement of its policies than it got. The White House had claimed broad authority to seize and hold potential terrorists or their protectors for as long as the president saw fit - and without interference from judges or lawyers