Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: dubyaismypresident
I am suprised as to how each dissented. IOW I figured Thomas for the libertarian one, not Scalia.

And Thomas and Scalia joined in a common dissent in Rasul v. Bush, 542 US 466 (2004).

Even though there are only a handful of cases (Hamdi, Hamdan, Rasul, Padilla), I still haven't wrapped my brain around the specific issues each case addressed, and which issues are left rather unsettled. I take Rasul as a narrow finding of habeas corpus jurisdiction (under 28 USC 2241) of US Article III Courts over 1) alien prisoners, 2) held at Gitmo. Scalia & Thomas (& Rhenquist) dissenting said "no, and it's up to Congress to adjust 2241." It is the Rasul case that provoked Lindsey Graham's introduction of S.AMND.2516 - modified to S.AMND.2524, on November 14, 2005.

A good number of FReepers howled in derision at Graham's audacity! LOL.

2,986 posted on 01/11/2006 4:41:39 AM PST by Cboldt
[ Post Reply | Private Reply | To 2961 | View Replies ]


To: Cboldt

Thanks for the info. It's a lot. I hope to get a chance to look over all of it, sometime.


2,988 posted on 01/11/2006 5:11:31 AM PST by NeoCaveman (Pround member and founder of Alitists for Alito)
[ Post Reply | Private Reply | To 2986 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson