Friday, June 13, 2008

Scalia to America: You'll Live to Regret This!

Yesterday - that is, eons ago in internet time - the Supreme Court issued a decision in Boumediene v. Bush, 533 U.S.__(Slip Op.) (2008), regarding the Military Detention Act.  Basically the majority holds that foreign nationals detained as terror suspects in Bay can file for habeas corpus petitions in federal (civilian) court.  The protections provided by the Military Detention Act and the Detainee Treatment Act were not adequate subsistutions of the habeas corpus writ, and did not ensure the Guantanimo detainees due process rights . . . The right to the writ of habeas corpus can only be suspended by Congress, and then only in times of invasion or rebellion . . . .

The decision is a major defeat for the Bush administration. The vote was 5-4 and basically down ideological lines, with Stevens, Souter, Breyer, Ginsberg, and Kennedy (the swing) in the majority, and Roberts, Alito, Thomas, and Scalia dissenting. 

The best part?  In Scalia's dissent he says: "The Nation will live to regret what the Court has done today." 553 U.S. ___ at *25.  Reminds us of what the bad guy from cartoons: "You've done it now, Planeteers - giving people the right file a habeas corpus petition in accordance with the Constitution - you'll live to regret this!!"

WaPo, also, here, noting that the Bush administration's strategy is in disarray.

EDIT: Dig this comment, "Justice 5, Brutality 4," from the NYT story: "We're just one judge away [Kennedy] from a court-ordered dictatorship . . ."

Also, this one: 
"Justice Scalia decries characterization of the Constitution as a living document, yet chooses to ignore its plain language. You cannot have it both ways, sir." TITCR~

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