There has been a lot of postive commentary about the Sixth Circuit's decision last week to open deportation hearings over the Government's objections. The case is Detroit Free Press v. John Ashcroft, and you can read the full opinion here.

Here are a two quotes from the opinion:

"By the simple assertion of "national security," the Government seeks a process where it may, without review, designate certain classes of cases as "special interest cases" and, behind closed doors, adjudicate the merits of these cases to deprive non-citizens of their fundamental liberty interests. This, we simply may not countenance. A government operating in the shadow of secrecy stands in complete opposition to the society envisioned by the Framers of our Constitution. "[F]ully aware of both the need to defend a new nation and the abuses of the English and Colonia governments, [the Framers of the First Amendment] sought to give this new society strength and security by providing that freedom of speech, press, religion, and assembly should not be abridged." See New York Times, 403 U.S. at 719 (Black, J., concurring).

The opinion concludes with:

"The public's interests are best served by open proceedings. A true democracy is one that operates on faith - faith that government officials are forthcoming and honest, and faith that informed citizens will arrive at logical conclusions. This is a vital reciprocity that America should not discard in these troubling times. Without question, the events of September 11, 2001, left an indelible mark on our nation, but we as a people are united in the wake of the destruction to demonstrate to the world that we are a country deeply committed to preserving the rights and freedoms guaranteed by our democracy. Today, we reflect our commitment to those democratic values by ensuring that our government is held accountable to the people and that First Amendment rights are not impermissibly compromised. Open proceedings, with a vigorous and scrutinizing press, serve to ensure the durability of our democracy."

New York Times columnist Bob Herbert comments persuasively on the decision in Secrecy is Our Enemy.