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Love the Liberal Majority on the court.

The Supreme Court's 5-4 decision Thursday declaring for the first time that Guantanamo detainees have a constitutional right to a hearing in U.S. courts is a milestone. It also reinforces a familiar court pattern in the post-9/11 world of insisting on judicial review of detainee cases.

The court's membership has changed in recent years, and it has zigzagged on high-profile social policy dilemmas. Yet a slim majority has voiced a consistent message on Guantanamo cases: Congress and the president cannot go it alone. The third branch must ensure that rights are not violated.

Dissenting justices have routinely denounced that message, and some have taken the extraordinary step of reading portions of their opinions from the mahogany bench. Dueling readings on Thursday showcased how narrowly divided the justices are on the controversial U.S. naval base in Cuba and the president's latitude on detainee policies. Justice Anthony Kennedy, who wrote for the five-justice majority, read portions of his opinion aloud. Justice Antonin Scalia countered for the dissent.

"Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law," Kennedy wrote. He added "the political branches" may not "switch the Constitution on or off at will."

Scalia asserted that the decision will have dire consequences. He warned that some detainees will be freed and return to war against America: "The nation will live to regret what the court has done today."

Scalia is correct.
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