In the Supreme Court decision in Rasul v. Bush on June 28, 2004, which ruled 6-3 in favor of the Guantanamo detainees, “Justice Sandra Day O’Connor…famously scolded the White House for providing the prisoners with no legal process at all. ‘A state of war is not a blank check,’ she emphasized, and the commander in chief’s powers were not an excuse to ‘turn our system of checks and balances on their head.’ …Justice Antonin Scalia…also thundered, ‘Indefinite imprisonment at the will of the Executive’ strikes at ‘the very core of liberty.’ ”
– Jane Mayer, The Dark Side, Page 301