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Last September, Congress passed the Military Commissions Act of 2006 (MCA) -- which restricted habeas corpus rights and allowed the government to continue holding prisoners at Guantanamo indefinitely with no access to a fair hearing in court. Indefinite imprisonment without judicial review is unconstitutional -- and fundamentally un-American.

Habeas corpus is the bedrock of American justice. Without habeas rights, government prisoners are denied a fair hearing in court to challenge the lawfulness of their detention, including the way they are treated in their confinement. Imprisoning people without a fair trial is the hallmark of dictatorships, not constitutional democracies like ours.

The impact of the habeas corpus restrictions in the new MCA go far beyond the walls of Guantanamo prison. The law allows the government to arrest any non-citizen —- including permanent residents in the United States —- and hold them indefinitely without charge and with no access to a judge, an attorney or a fair hearing.

On June 7th, the Senate Judiciary Committee voted 11-8 to take the first step to restore habeas coprus by approving the "Habeas Corpus Restoration Act of 2007" (S. 185) sponsored by Senators Leahy and Spector.  The bill was then proposed as an amendment to the Defense Authorization bill, but failed on a procedural vote.  However, it will likely return later in the year, and with good reason: if our moral standing in the world community is ever to be restored, this bill must be passed.