CONSERVATIVES in America are savouring the prospect of a battle over the future of military tribunals at the naval prison at Guantanamo Bay, Cuba, as legislation is drawn up to circumvent last week’s rejection of anti-terror tactics by the Supreme Court.

Bill Frist, the Republican Senate leader, promised to introduce legislation authorising military commissions to try Al-Qaeda suspects after this week’s July 4 holiday.

Conservatives are livid about the court ruling and regard the vote on the bill, likely to come this autumn, as an ideal opportunity to divide the Democrats and portray them as soft on terror in the run-up to congressional elections in November.

President George Bush’s top strategist, Karl Rove, aims to make the Democrats’ supposed “pre-September 11” mindset a key issue. The ruling that Salim Ahmed Hamdan, a former driver for Osama Bin Laden, has the right to a more open trial has placed the topic on the front burner.

Bush’s approval ratings rose to the low forties last week after a long spell in the mid to low thirties. Gallup said more than 80% of Republicans now view him favourably once again.

The killing of Abu Musab al-Zarqawi, leader of Al-Qaeda in Iraq, together with claims that the Democrats want to “cut and run” there and showdowns with The New York Times over its reporting of secret terrorist surveillance programmes have given conservative pundits a fresh spring to their step.

Rush Limbaugh, the right-wing radio talk show host, mocked those who hailed the Supreme Court verdict as a defeat for Bush. “Oh, we’ll see in the end if that’s the case,” he said.

Republicans hope the law on trying terrorist suspects can be amended to fit the court’s requirements without too much fuss. Senator John McCain, a potential presidential candidate in 2008, said: “I’m confident we can come up with a framework.”

Yet legislation may well be subject to future court challenges, leaving about 450 detainees in legal limbo. The State Department is increasing its efforts to repatriate many of them to their home countries.

The ruling in the Hamdan case affects Binyam Mohammed, 27, who lived in west London for seven years and was due to face a military tribunal accused of being a member of Al-Qaeda and plotting a terrorist attack on America.

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