The Constitution Follows the Flag

So this is a bit off topic, but tonight was a HUGE night for the International Human Rights Clinic. Last semester, the clinic took on the detainee cases from the Bagram Airforce Base in Afghanistan. The cases roughly paralleled the Guantanamo cases, with detainees unable to challenge their detention. The detainees were picked up in locations all around the world and brought to Afghanistan. They were held by the U.S.military for over six years without being charged with any crime, and without any meaningful chance to challenge the allegations against them. Professor Barbara Olshansky decided to take on their cases and used the Stanford Law School International Human Rights Clinic students to help draft briefs in the litigation. Today those students and Professor Olshansky enjoyed the fruits of their labor with DC District Court Judge Bates proclaiming that those in U.S. custody are within U.S. jurisdiction (well, not quite, but close enough). The right to challenge your detention is the most basic constitutional right, in the original Constitution itself (not an amendment) and in English law hundreds of years before. The victory is not a verdict of innocence, although many detainees are innocent, but that imprisonment requires proof and a trial.
It was inspiring to witness this victory for Barbara, and for two students who are here with me and who wrote parts of the briefs (Julian Waldo and Jordana Mosten). We immediately ordered champagne at the hotel, and the phone rang constantly from writers from the nytimes, washington post, and BBC among others. The hotel owners brought us ice cream and wine (sorry if its influencing my writing) and we heard stories of the oral arguments and the surprise of a favorable ruling.
The victory is somewhat clouded by Stanford Law foolishly denying Barbara tenure this week, meaning she will no longer be affiliated with Stanford at the end of the semester. When talking to Barbara it is hard not to see the problems of the world as opportunities to reduce suffering and create justice, and I come away viewing myself as capable of making a difference in the lives of others. This is partially because she lives in the world where her idealism turns into reality, and so she becomes an example of possibility. I am repeating myself, but I have been inspired by Barbara this trip, and am lucky to work with her for the next few weeks here in Namibia. I wish her the best of luck in her future cases, and congratulate the school, NGO or firm where she ends up on hiring an incredible woman.

http://www.npr.org/templates/story/story.php?storyId=102670073