Court says Gitmo detainees must have access to civilian judiciary
Deplorable. Writes Scalia (pdf at 110):key generators for finale 2006
The writ of habeas corpus does not, and never has, run in favor of aliens abroad; the Suspension Clause thus has no application, and the Court’s intervention in this military matter is entirely ultra vires [i.e., beyond the court’s lawful authority].key generators for finale 2006
Radley Balko wonders whether the president will obey the decision:key generators for finale 2006
I guess the only question now is whether the administration feels it’s actually obligated to abide by the decision, or if it believes the president’s absolute power in wartime means that in addition to ignoring Congress, he can ignore the Supreme Court, too.key generators for finale 2006
Well, let’s hope so. It would be therapeutic for our democracy were we to ignore the court occasionally, especially when, as here, it exceeds the limits of its constitutional authority.key generators for finale 2006
Professor Bainbridge thinks the president will employ a workaround:key generators for finale 2006
Unfortunately, at least as long as the Bush administration is in office, my guess is that the practical effect of this decision will be to increase the administration’s reliance on renditions.key generators for finale 2006
Good. Alternatively, we could just take fewer prisoners.key generators for finale 2006