 merrie says: And AP, among others, reports this story as a defeat for "the Bush administration." Really? I see it as a defeat for the nation. UPDATE: The 5-4 GITMO decision brings to the front, yet again, John McCain's position on judges versus his own policies. McCain undoubtedly supports the 5-4 decision, yet the justices who voted against it, and argued strenuously against it, are of the kind McCain claims to want on the bench. We have seen the same issue arise respecting campaign finance. This is not to say that McCain won't nominate originalists to the bench. But if he does, he will be nominating to the Court individuals who are better adherents to the Constitution than he is. It's Unlikely, But Worth Noting: In today's debates on Boumediene v. Bush, I think it's worth noting that there's a way in which Congress could still go back to the pre-Rasul or pre-Boumediene state of the law: Congress could formally suspend the Writ as it applies to Guantanamo Bay. The Suspension Clause does not require the writ of habeas corpus; rather, it states that "[t]he Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." (emphasis added) As far as I know, the Court has never analyzed whether the "public safety" exception is justiciable or is a political question, or what standards could app... A lot of things - bad - are happening to our country. The future looks pretty bleak. President Bush suggested that Congress could write a special provision to amend the courts ruling, but that will, of course, be a "hard-sell" with the Congress held hostage by the Dems. |
View the Top Clips from June 12, 2008
Embed This Clip In Your Site...
|
||
|
|
|||
