Thursday, June 12, 2008

Hell yes: SCOTUS holds Guantanamo prisoners can challenge their status in federal court

This is a good day. I never thought this would happen, but it did.

In typical fashion, the conservative bloc resorts to right wing talking points in place of legal analysis.
“It will almost certainly cause more Americans to be killed,” [Scalia] said. “The nation will live to regret what the court has done today.” He said the decision was based not on principle, “but rather an inflated notion of judicial supremacy.”
The usual nutjobs are crying out against an "activist court" (whatever the fuck that means) and some are even calling for Bush to refuse to obey it (Constitutional crisis anyone):
On two separate occasions now, the United States Congress has duly enacted painstakingly specific laws to lawfully and Constitutionally strip the Supreme Court of jurisdiction to hear cases involving non-citizens currently detained outside of sovereign territory held by the United States. As Dan McLaughlin has noted, today the Supreme Court purports to ignore this clear limitation on its own authority to even hear the case before it (which by law has been confined to the CADC) and issue an opinion declaring the act which removed their jurisdiction unconstitutional. Savor the irony for a moment, if you will.
I don't think any manner of argument will convince these people that the U.S. has exclusive de facto jurisdiction over Guantanamo or that habeas rights extend to all people under U.S. jurisdiction. But that group is getting smaller and smaller and even Bush might realize that he has to abide by this decision. This group will become increasingly marginalized as the utter disaster of the past eight years continues to reveal itself for what it is.

Bush is finally getting reigned in over his insane executive overreach and we're looking at the real prospect of an Obama presidency. Maybe this shameful period in our history is almost over. I'm sure we'll see the best that the Republican slime machine has to offer (terrorist fist bumps, flag label pins, and jihadist Manchurian candidates), but I think I can see some light at the end of the tunnel.

Edit: Any Clinton supporters who are planning on voting for McCain have to be insane. Some of the justices on the court who made today's ruling possible are getting old. If McCain is President, he will appoint justices that will be around for life. The freedom to choose, civil rights, labor relations, and human dignity all hang in the balance and voting for McCain because you're sore about Clinton's loss is cutting off your nose to spite your face. I would say the same if Clinton had won the nomination.

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