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12 June 2008
At last!
Score one for the Constitution! As infuriating as the Roberts Supreme Court can be, there still is the occasional outcome that gets it right:
The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts. [...]
Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." [...]
The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.
This was a 5-4 decision, as has become the norm in the Roberts court, with the liberal members prevailing for a change. The chief justice, in all his majesty, agreed with his sovereign king and "criticized his colleagues for striking down what he called 'the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.' " I guess even he couldn't make this pig fly for Justice Kennedy.
Scalia, in what can only be termed a partisan Republican talking point devoid of actual legal reasoning, wrote that "the nation is 'at war with radical Islamists' and that the court's decision 'will make the war harder on us. It will almost certainly cause more Americans to be killed.' " Way to play the fear card, Scalia.
Posted by Chiaroscuro _ on June 12, 2008 at 07:44 AM in Good News for a Change, SCOTUS, War(s) | Permalink
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