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"the king too is subject to the law"
I think Bush should be able to understand it in those words.
Any justice who could dissent in this decision, i.e., rule against the principle of habeas corpus, is unfit to serve as a justice of the peace, much less as a justice of the Supreme Court of the United States.
Federalist Society? More like the Feudalist Society.
Quite seriously, why and how did Scalia ever get a reputation as anything more than a hack? The United States is going to "regret" not allowing the President to indefinitely lock up whomever he wishes?
This kind of thinking is appalling. What planet do these people live on? Are they in constant fear? It's really very sad to see.
One step toward restoring the Rule of Law,
One giant leap for the Judicial Branch away from BushCO?
The Federalist Society, where I went to law school, was pretty much the functional equivalent of Slytherin at Hogwarts.
Today's ruling is grand, but it should have 9-0, not 5-4.
The U.S. IS certainly regreting the Supreme Court's decision to intervene in Bush v. Gore - Oh, how we are regreting it! But this - we will NOT regret! Now, the tide is finally turning and Scalia can go hunting with Dick - forever. Justice Kennedy, thank you for bravely enforcing our constitution!
I'm not so certain that any chapter of the Federalist Society -isn't- the functional equivalent to Slytherin...
What does the term conservative mean if the conservative members of the Supreme Court vote against habeas corpus?
I guess now president Bush will have to issue a "Non-Signing Statement" exempting himself from this ruling?
Sorry my Westlaw subscription lapsed.
Um, Scalia.
Was he echoing Brandeis or Holmes, do you think?
It's so nice to have Justices who can give opinions in regular language, without regard for any cumbersome bother of precedent or interpretation.
This flunky is easily as bright as Bush.
@ what, 8 watts?
Now, pay attention.
How large a phalanx of DOJ lawyers will now be martialled to delay, oppose, deter, stall and appeal till late next January any application in relief of the misheld prisoners of our criminal conspiracied White Mouse?
They should arrange a court of special masters to dispose of these cases.
It's gonna drag a lot of hours away from prosecuting our own bag of Supremely elected bullies.
Lots of burr balls will be punted off to the next administration.
Obamans will need iron gloves.
Apres W, the deluge.
I'm interested to see what the practical application of the SCOTUS ruling will be.
In the country we've come to get used to over the last 8 years, the Bush administration will find a way out of this, possibly by simply ignoring the ruling entirely and counting on the fact that Gitmo is hard to reach, and therefore hard to oversee.
... Actually, that was about as short and sweet as it gets.
Way to go, guys. Eight years late, but it will do, it will do.
What does the term conservative mean if the conservative members of the Supreme Court vote against habeas corpus?
Most socalled conservatives stopped being recognizably conservative a long time ago. In a contemporary context "conservative" means "reactionary".
Thankyou to Judge Kennedy. I recall he also wrote the dissenting opinion in the election of 2000. I will print out this text and read it to my children.
Here are the names of the other Judges (source NYTimes):" Kennedy was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer"
Habeus corpus, according to the constitution, can only be suspended in case of invasion or rebellion. That implies that it only exists under US sovereignty. I really wonder about this decision and its applicability overseas. Does every US base outside the country fall under habeus corpus jurisdiction? What about every ship or flagged vessel? Are the rules different in another country? E.g. if the army takes a prisoner from enemy or another country's territory to a US base, do they move from an area without habeus corpus to one with it? That will certainly result in us taking fewer prisoners.
This decision leaves more questions than answers.