Hallelujah for the Rule of Law! Shame on the Dissenting Opinion!

http://www.cbc.ca/world/story/2008/06/12/uscourt-gitmo.html THE SUPREME COURT SAYS DETAINEES HAVE HABEAS CORPUS!!!! Some of our Guantanamo Prisoners have been in jail for 6 years WITHOUT A CHARGE! Out of the 270 men there, we are now going to try 80 of them finally, and send the rest home. WHAT? If we have to send them home, that means we never had charges on them (even secret ones – unless they are ones we aren’t willing to share). If we are willing to let them go, then we have been guilty of kidnap and hostage holding! Which we are.

The vote was 5-4, with the court’s liberal justices in the majority. Conservative judges, led by Chief Justice John Roberts, wrote dissenting opinions warning of the effect of the ruling at a time of “war with radical Islamists.”

Justice Anthony Kennedy, writing for the majority, said, “The laws and constitution are designed to survive, and remain in force, in extraordinary times.”

TRUE THAT! Anthony Kennedy. John Roberts has shown that his loyalty is to party/administration ideology over against his responsibility to uphold the CONSTITUTION! From Wikipedia (on Supreme Court Checks and Balances): in Federalist No. 78, Alexander Hamilton writes: “A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute.” From Reuters:

The majority consisted of the court’s four liberals — Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer, plus the moderate conservative Kennedy, who often casts the decisive vote.

The four conservative dissenters were Chief Justice John Roberts and Justice Samuel Alito, both appointed by Bush, and Justices Antonin Scalia and Clarence Thomas.

See Keith Olbermann on the issue when the right of Habeas Corpus was being taken away:


One Response to Hallelujah for the Rule of Law! Shame on the Dissenting Opinion!

  1. mbjesq says:

    This is a great day for American constitutionalism. It is shocking, however, that four-ninths of the United States Supreme Court find compelling justification to imprison innocent men (i.e., those who might be exonerated at trial) for life without a constitutionally recognized judicial hearing.

    My take on this case is posted here.

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