In Boumediene, the majority found the constitutionally guaranteed privilege of habeas corpus review to apply to persons held in Guantanamo, including enemy combatants. WHAT?!
The Supreme Court has not historically heard "political questions" out of respect for the legislative and executive branches of government. When the doctrine has been construed narrowly by more liberal jurists, it has been invoked only when the issue presented to the Court is one that "has been textually committed to another branch of government." When considered more broadly by conservative jurists, the political question doctrine has been used when there is a lack of judicially manageable standards to decide the case on the merits, when judicial intervention might show insufficient respect for other branches of government, or when a judicial decision might threaten the integrity of the judicial branch.
So much for SCOTUS' integrity (Roberts, Scalia, Thomas, and Alito excepted). It hasn't been threatened by the Boumediene decision, it has been eviscerated. The Court is now a threat to the very country that it serves.
Aso, an Amicus Curiae brief submitted by the American Bar Assn. on behalf of the petitioners (enemy combatants in a time of war) shows the ABA to be the disgraceful organization that it is.
So, "people" who want to blow us up and cut our heads off have the same rights under the U.S. Constitution as school teachers and you do. And we all get to pay for this. What is going on and where will it end? This is a nightmare.
There should be a new rule of engagement - immediate adjudication on the battlefield.
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2 comments:
As I wrote on my blog, McCain could - if he goes further - win the election on this issue alone. All he has to do is say that if he is elected, he will ignore this Supreme Court decision. He could use the spectre of Osama Bin Laden and his lawyers in Federal courts to beat Obama like a rented mule.
I would love to agree, but I just don't see how he could do that.
McCain could wipe up with the public by using Bin Laden and harm to our troops concepts, but in the courts we have now, with so many Clinton-appointed judges, I don't think victory would be a sure or easy thing.
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