The US Fourth Circuit Court of Appeals in Virginia has ruled against the open-ended detention of Ali Sale Kahlah Al-Marri in military custody. Al-Marri must now either be charged in the criminal justice system or released.

Al-Marri, a native of Qatar, who came to the United States legally, was arrested in December 2001. In June 2003, President Bush designated al-Marri an ?unlawful enemy combatant? and had him transferred to military detention.

?[I]n the United States, the military cannot seize and imprison civilians ? let alone imprison them indefinitely,? ruled the Appeals Court. However, ?This does not mean that al-Marri must be set free....? Like others accused of terrorism he can be tried by the court system and punished severely if he is guilty.

Unfortunately, this ruling doesn't address constitutional issues raised by the recently enacted Military Commissions Act. And it will be appealed by the Bush administration. But the judgment does recognize limits on presidential power to seize and detain civilians at whim.

Let us stand fast in the liberty wherewith Christ has made us free.