The Oubliette

Suppose, for sake of argument, that the Bush administration were right, and the courts couldn’t order that Chinese Muslim Uighhur detainees be released. Wouldn’t justice then demand that they be given ongoing compensation for the ongoing deprivation of their liberty? And wouldn’t a massive upgrade in their living conditions be a good start? Would mansions suffice?

I wonder how quickly the administration’s positions would change if the choice were between releasing the Uighurs into the U.S. and housing them commensurately with the harm it’s doing them.

There’s no plausible argument that it would threaten national security to treat them well, not now. I suspect we’d quickly find out whether the administration is really concerned about the threat these men pose, or whether it simply wishes to forget about them.

Doesn’t that question assume that they have a 5th Amendment right to compensation for any Takings? The Court created a habeas right for them, but not (yet) other constitutional rights.

(Not that I disagree on policy grounds with your statement that they should be treated fairly well now— although are their current conditions actually that bad? I confess that I don’t know…)