The Thursday's ruling was the third blow to Bush's "war on terrorism" policies. The Supreme Court ruled in 2004 and again in 2006 that Guantanamo detainees had a statutory – legal but not constitutional – right to contest their indefinite detention before an independent judge.
But Bush administration still pushed through the Republican-dominated Congress in 2006 a law that only allowed for a limited review by a US appeals court in Washington of the military's designation of the prisoners as an "enemy combatant", but took away the habeas corpus rights from the terrorism suspects to seek full judicial review of their detention.
However, Kennedy said that Congress did not create an adequate alternative for Guantanamo prisoners to contest their detention.
On the other hand, Chief Justice John Roberts on Thursday criticized his colleagues who voted for the ruling for striking down "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."
Another dissenter, Justice Samuel Alito said that the ruling would make the "war with radical Islamists" harder for Americans and cause more Americans to be killed.
According to the US Department of Defense, despite the fact that hundreds who have been released to various countries from Guantanamo that was after the September 11, 2001, attacks, there are still 275 remaining in the prison, classified as enemy combatants and held on suspicion of terrorism or links to al Qaida and the Taliban, some of whom have been held more than 6 years.
In addition to those held without charges, the United States has said it plans to try as many as 80 of the detainees in war crimes tribunals.
The prison was also strongly criticized at home and abroad for US military and intelligence officials' harsh interrogation tactics conducted there.
Bush has said that he would like to close the facility once other countries are willing to take the prisoners, which was also supported by Republican presidential candidate John McCain and his Democratic rival Barack Obama.
(Xinhua News Agency June 13, 2008)
