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The Bill of WrongsThe 10 most outrageous civil liberties violations of 2006.

By Dahlia Lithwick
Posted Saturday, Dec. 30, 2006, at 6:30 AM ET

I love those year-end roundups—ubiquitous annual lists of greatest films and albums and lip glosses and tractors. It's reassuring that all human information can be wrestled into bundles of 10. In that spirit, Slate proudly presents, the top 10 civil liberties nightmares of the year:

7. Slagging the Courts
It starts with the president's complaints about "activist judges," and evolves to Congressional threats to appoint an inspector general to oversee federal judges. As public distrust of the bench is fueled, the stripping of courts' authority to hear whole classes of cases—most recently any habeas corpus claims from Guantanamo detainees—almost seems reasonable. Each tiny incursion into the independence of the judiciary seems justified. Until you realize that the courts are often the only places that will defend our shrinking civil liberties. This leads to ...

4. Extraordinary Rendition
So, when does it start to become ordinary rendition? This government program has us FedEx-ing unindicted terror suspects abroad for interrogation/torture. Khalid El-Masri, a German citizen, was shipped off to Afghanistan for such treatment and then released without charges, based on some government confusion about his name. Heh heh. Canadian citizen Maher Arar claims he was tortured in Syria for a year, released without charges, and cleared by a Canadian commission. Attempts to vindicate the rights of such men? You'd need to circle back to the state-secrets doctrine, above.

Hubris
Whenever the courts push back against the administration's unsupportable constitutional ideas—ideas about "inherent powers" and a "unitary executive" or the silliness of the Geneva Conventions or the limitless sweep of presidential powers during wartime—the Bush response is to repeat the same chorus louder: Every detainee is the worst of the worst; every action taken is legal, necessary, and secret.