In a later decision in the Hamdan case the Supreme Court rejected the view that the DTA stripped the courts of jurisdiction over pending habeas cases. I applauded the Hamdan decision at the time as a "triumph for our constitutional system of checks and balances." But once again. instead of following the Supreme Courts repeated reminders that our Government must respect our Constitution and laws. within weeks of the Hamdan decision. the last Congress. acting in complicity with the Bush administration. hastily passed the Military Commissions Act in the runup to the 2006 midterm elections. That bill sought. once again. to strip access to Federal courts for noncitizens determined to be enemy combatants or who were merely "awaiting determination." It aimed to take away habeas rights not just for detainees held at Guantanamo Bay. but also potentially for millions of lawful permanent residents working and paying taxes in this country. I voted no. These were my words then: Over 200 years of jurisprudence in this country. and following an hour of debate. we get rid of it.
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noncitizens