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POPSSupreme Court Rules Detainees Have Constitutional Rights Justice Anthony M. Kennedy wrote for the court majority: "The detainees in these cases are entitled to a prompt habeas corpus hearing. . . . Within the Constitution's separation-of-powers structure, few exercises of judicial power are as legitimate or as necessary as the responsibility to hear challenges to the authority of the executive to imprison a person." The court was narrowly split, 5 to 4. The dissenters accused the majority of meddling in a wartime matter better left to the president and the military. The decision "will almost certainly cause more Americans to be killed," Justice Antonin Scalia wrote in a dissent. President Bush said he would abide by the decision but added: "It was a deeply divided court, and I strongly agree with those who dissented." About 270 men are still held at Guantanamo. Fewer than 20 are now facing trial before a military commission, and about 60 are in the pipeline.