Terror Prisoners Can Challenge Detention in U.S. Courts

The ruling, released yesterday, allows prisoners at Bagram Air Force Base to use U.S. courts. We have already discussed the problems of closing Guantanamo Bay, including how to deal with the detainee trials. This ruling opens up all military prisons around the world, and could lead to the U.S. being pressured to close all of them.

On a constitutional note, I find this ruling to be extremely interesting. Article 3 gives Congress the power to create courts inferior to the Supreme Court, and in what area they hold jurisdiction. This ruling appears to extend the jurisdiction of the U.S. judicial system without out an act of Congress. I'm no Supreme Court justice, but I find serious constitutional issues with this ruling.

P.S. I'm not arguing that detainee's don't have rights, or that they shouldn't have a fair trial, I'm just commenting on the constitutional aspects of this case.