Do foreign terrorists who plot to kill Americans have rights under our Constitution?

Most of us would probably say no to that question. But the U.S. Supreme Court, in a ruling issued Thursday, was answering a different question: Do people suspected of terrorist activity have a right to confront their accusers in court? The answer to that, the court said (for the third time), is yes.

The issue is still dicey, which was why the ruling came on a 5-4 split and is sure to elicit howls of protest. In a stinging dissent, Justice Antonin Scalia said the ruling would cost American lives and reminded his colleagues that "America is at war with radical Islamists."

Yes -- but not necessarily with all those Islamists at Guantanamo, some of whom have languished there, unconvicted of (and even uncharged with) any crimes for as long as six years.

If they're guilty, punish them. But arresting people and sticking them in prison forever with no day in court does not seem like the American way.