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The US Supreme Court Versus America: Awarding "The Privilege of Habeas Corpus To Terrorists"
TownHall.com ^ | 6-12-08 | Hugh Hewitt

Posted on 06/12/2008 6:35:59 PM PDT by STARWISE

Thursday's 5-4 decision awarding "unlawful combatants" at Gitmo --terrorists-- the "privilege of the writ of habeas corpus" has left millions of Americans stunned. What in the world is the majority of the Supreme Court thinking? Justice Scalia, writing in dissent, was blunt:

America is at war with radical Islamists. The enemy began by killing Americans and American allies abroad: 241 at the Marine barracks in Lebanon, 19 at the Khobar Towers in Dhahran, 224 at our embassies in Dar es Salaam and Nairobi, and 17 on the USS Cole in Yemen.

See National Commission on Terrorist Attacks upon the United States, The 9/11 Commission Report, pp. 60–61, 70, 190 (2004).

On September 11, 2001, the enemy brought the battle to American soil, killing 2,749 at the Twin Towers in New York City, 184 at the Pentagon in Washington, D. C., and 40 in Pennsylvania. See id., at 552, n. 9.

It has threatened further attacks against our homeland; one need only walk about buttressed and barricaded Washington, or board a plane anywhere in the country, to know that the threat is a serious one. Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq. Last week, 13 of our countrymen in arms were killed.

The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.

These are harsh words, unusually so even for ordinary debate, but amazingly so among the nine. Justice Scalia is quite obviously as frustrated with his aging colleagues as are the vast majority of Americans. There’s a war going on. These terrorists and their still-at-large allies are trying to kill us.

(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; War on Terror
KEYWORDS: 911; boumediene; boumedienevbush; enemycombatant; gitmo; hewitt; judiciary; militarycommissions; militarytribunal; ruling; scotus; september12era; terrorists
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We have to pray that Justice Scalia is wrong though common sense tells us he is right. The majority’s indulgence of the killers’ demand to be treated as ordinary Americans or as aliens journeying through our land is as astonishing as it is dangerous. By asserting its preeminence over the combination of the president and the Congress, Justice Kennedy and his colleagues have certainly proven they are not at the top of the least dangerous branch. Far from it, in fact. The dangers the majority subject us to are all too apparent.

~~~~

Who in their right mind can truly believe that the highest court in the land would ever parse away our safety and lives with such indifference?

1 posted on 06/12/2008 6:36:00 PM PDT by STARWISE
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To: STARWISE
And yet Bush would be impeached if the Justice Dept rounded up these Enemies of the People in Robes and trid them for Treason.

Yup, it'd be over the line for Bush, but something's got to be said (or done) about Justices going over the line!

2 posted on 06/12/2008 6:39:29 PM PDT by Tanniker Smith (Teachers open the door. It's up to you to enter.)
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To: STARWISE

I, for one, am dumbfounded.


3 posted on 06/12/2008 6:39:49 PM PDT by rlmorel (Clinging bitterly to Guns and God in Massachusetts...:)
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To: STARWISE
The majority of the members of the USSC vote on cases as though they hate the rest of us and wish us harm.

Best thing the Congress can do is get rid of them as fast as possible ~ 9:42 this evening would not be too soon.

4 posted on 06/12/2008 6:40:36 PM PDT by muawiyah
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To: STARWISE

No good deed goes unpunished....


5 posted on 06/12/2008 6:41:16 PM PDT by papertyger (What Would Jesus Do? ... Remember "freak out and turn over tables," is a valid option ;o)
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To: STARWISE

What I would do is IMMEDIATELY (like tonight) free all the detainees, put them all on planes, and deport them to their home countries. And do if forcibly if they refused to go. I do not want any of them in the United States causing havoc. I do not want them spending our tax dollars on lawyers and the courts.

Stupid ruling.


6 posted on 06/12/2008 6:41:16 PM PDT by ProudFossil
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To: SE Mom; Bahbah; Laverne; Miss Didi

“....Scalia read from his bitter dissent. He wrote that the Court’s decision “will almost certainly cause more Americans to be killed,” apparently because it will result in dangerous detainees being released. Scalia cited news reports that some of the detainees that have already been released have returned to the battlefield and been involved in suicide bombings and other hostile acts. “The decision is devastating.”

Scalia said that for the first time, military commanders would now have to undertake “the impossible task of proving to a civilian court, under whatever standards the Court devises in the future, that evidence supports the confinement of each and every enemy prisoner. The nation will regret what the Court has done today. I dissent.”

~~~~

“Roberts also authored a dissent, criticizing the majority for dismissing out of hand the considered efforts of the other branches to respond to prior Court rulings. The chief justice concluded that “this decision is not really about the detainees at all, but about control of federal policy regarding enemy combatants.”

The ruling, said Roberts, did nothing to advance the rule of law, “unless by that is meant the rule of lawyers, who will now arguably have a greater role than military and intelligence officials in shaping policy for alien enemy combatants.”

http://www.law.com/jsp/article.jsp?id=1202422222546&rss=newswire

~~~~

God help us PING!


7 posted on 06/12/2008 6:41:39 PM PDT by STARWISE (They (Dims) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: Tanniker Smith

Bush would not be impeached if the militia were to activate itself to protect the people against America’s enemies.


8 posted on 06/12/2008 6:41:59 PM PDT by muawiyah
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To: STARWISE
We are all outraged by this feckless decision, but how many of us have stopped to contemplate that are very own GOP Presumptive Presidential Candidate, John McCain, wholeheartedly endorses this decision?

For proof see Here:

28. Wants to close Guantanamo and give Terrorists access to our legal system
9 posted on 06/12/2008 6:42:07 PM PDT by SoConPubbie (GOP: If you reward bad behavior all you get is more bad behavior.)
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To: STARWISE
We are bound by our institutions and in general that's a stabilizing force.

If "millions of Americans" think it's a really bad idea, what is their recourse, if any?

10 posted on 06/12/2008 6:42:21 PM PDT by the invisib1e hand (Obama's a front man. Who's behind him?)
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To: STARWISE

“We have to pray that Justice Scalia is wrong though common sense tells us he is right.”

OPINION: Yep, Justicde Scalia is right.


11 posted on 06/12/2008 6:42:37 PM PDT by Cindy
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To: rlmorel

Vote for Obama/Barry/Hussein, he will make sure we have the right Court.


12 posted on 06/12/2008 6:43:35 PM PDT by mortal19440
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To: All
ARTICLE SNIPPET:

"There’s a war going on. These terrorists and their still-at-large allies are trying to kill us."

13 posted on 06/12/2008 6:44:04 PM PDT by Cindy
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To: ProudFossil

I’d like to see them released them in the airports closest to the justices who voted for this diabolical and insane ruling.


14 posted on 06/12/2008 6:44:09 PM PDT by STARWISE (They (Dims) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: STARWISE

UNLEASH Hell, we can start with telling these bastards what we think about their ruling.

Supreme Court of the United States

Public Information Office: 202-479-3211, Reporters press 1

Clerk’s Office: 202-479-3011

Visitor Information Line: 202-479-3030

Opinion Announcements: 202-479-3360


15 posted on 06/12/2008 6:44:09 PM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: muawiyah

Dude, we *don’t* wanna go down that road.


16 posted on 06/12/2008 6:44:26 PM PDT by Tanniker Smith (Teachers open the door. It's up to you to enter.)
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Comment #17 Removed by Moderator

To: rlmorel

As a whole, we are asking for it.

Maybe we deserve Osama-Obama. :-(

I’m going to go to bed tonight in disbelief. I to, am dumbfounded.


18 posted on 06/12/2008 6:48:01 PM PDT by 08bil98z24 ( Not voting McCain IS a vote for Jimmy Carter 2. Stop Osama Obama now!)
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To: muawiyah

Listen Americans, and understand!

The treacherous Democrats and their terrorists are out there! They can’t be bargained with. They can’t be reasoned with. They don’t feel pity, or remorse, or fear. And they absolutely will not stop, ever, until you are dead


19 posted on 06/12/2008 6:48:01 PM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: STARWISE

I’m truly stunned by this ruling.

Even for lefties, this is way too far.


20 posted on 06/12/2008 6:48:59 PM PDT by Tzimisce (How Would Mohammed Vote? Obama for President!)
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To: Tanniker Smith

If the honorable justices would attire themselves appropriately instead of wearing basic black dresses, and maybe a string of pearls, they might get more respect. Who can take seriously a bunch of old guys who squat to pee.


21 posted on 06/12/2008 6:49:17 PM PDT by mathurine
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To: STARWISE

No appeal possible. It’s the Supremes, just like the HR Department at my happy corporation which has been known to cause havoc for innocent people. I’m voting for Monarchy, or for a milatary dictatorship every 50 years or so. Human systems naturally deteriorate. Been there, seen that! A renewal mechanism is needed and that’s what the Founding Fathewrs did not realize, or if they realized, talking about future revolutions, we seem to be past the time when one is possible. We’re softier and too comfy!


22 posted on 06/12/2008 6:54:45 PM PDT by Revolting cat! (Are you ready to pray for Teddy?)
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To: STARWISE

This is part of a campaign to undercut the war prosecuting powers of the Chief Executive as set forth in the Constitution, to permit the courts and the Congress to exercise authority for the management of wars.
If I were the President, I would immediately return all detainees to the locations of their capture rather than give the Ramsey Clarks of our lawyering class the orgasmic (to them) pleasure of attacking the United States of America using our own courts as the vehicle of their assaults.


23 posted on 06/12/2008 6:55:05 PM PDT by Elsiejay (Rev.)
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To: STARWISE
I know this is buit a pipe dream, but why can't Bush simply say when it comes to the defense of the United States, the Supreme Court doesn't have a say? They can hold all the opinions they like, but he doesn't report to them, so their opinions are just that. He should tell them in this matter his is the only opinion that counts.

He can tell them he reports in this matter to the citizens of the United States.

I know it's a pipe dream, but someday a President has to tell them they aren't rule makers in this matter.

24 posted on 06/12/2008 6:58:08 PM PDT by stevem
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To: STARWISE
Biggest immediate issue raised by this event:

Both major candidates for President agree with the decision.

We do NOT have a candidate who can leverage America's anger about this decision to his electoral advantage. An absolutely wasted opportunity from an electoral perspective.

25 posted on 06/12/2008 6:58:12 PM PDT by TexasNative2000 (Is this tagline governed by McCain-Feingold?)
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To: SoConPubbie

Yes he does but it really is not an issue with far to many alledged Conservatives on this site because Mr. McCain has an R behind his name . We deserve what we get with the reformer or the Marxist .


26 posted on 06/12/2008 6:58:28 PM PDT by dorben
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To: Tzimisce

How many more “last straws” do the left in this country deserve?

But, hey... we the people are given the option of voting the bastards out of office.

Of course, that’s been “arranged”, too - so our choice is between an arrogant moonbat leftist and... well, an arrogant moonbat leftist. Lovely.

Meanwhile, as terrorists are allowed to be freed to roam among us by our ever-dependable “justice” system (9th circuit, anyone?), we the people are soaked at the gas pump, see our freedoms eroding one by one as we give up free speech and prosperity, and get to listen to blowhard politicians lecture us about how evil we are for using light bulbs and not doing OUR part in combating “global warming” as they put in their 100 days a year before heading back to their mansions and dinner parties for “summer break.”


27 posted on 06/12/2008 6:59:24 PM PDT by Pravious
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To: STARWISE

Perhaps since their own liberal existence as air breathers is about gone they don’t give a damn about us or our country.


28 posted on 06/12/2008 6:59:45 PM PDT by mcshot (Bitterly Loving God, Family, and Guns more then ever. And greatly missing President Reagan)
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To: roses of sharon

“Whens the next Celtics/Lakers game?”

That’s all most Americans care about today......

Maybe we do deserve Osama-Obama.

The only thing I can think to do is pray.


29 posted on 06/12/2008 6:59:52 PM PDT by MrLee (Sha'alu Shalom Yerushalyim!! God bless Eretz Israel.)
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To: STARWISE

My simple request: Publish the home addresses of the court lib judges after the first released prisoner is found to have returned to the battle and killed one soldier.


30 posted on 06/12/2008 7:01:38 PM PDT by Da Coyote
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To: Da Coyote
Everything’s gonna be all right.
We just need 10 more 9/11’s.
31 posted on 06/12/2008 7:04:11 PM PDT by Charles Bronson Forever
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To: ProudFossil
Step #1. What I would do is IMMEDIATELY (like tonight) free all the detainees, put them all on planes, and deport put guards on each end of Gitmo with orders to shoot to kill, tell them to jump into the ocean and let them SWIM back to their home countries.

Step #2. is to put plenty of chum into the water. Problems solved.

32 posted on 06/12/2008 7:08:13 PM PDT by Arrowhead1952 (Typical white person, bitter, religious, gun owner, who will "Just say No to BO in Nov.")
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To: STARWISE
Roberts also authored a dissent, criticizing the majority for dismissing out of hand the considered efforts of the other branches to respond to prior Court rulings. The chief justice concluded that “this decision is not really about the detainees at all, but about control of federal policy regarding enemy combatants.”

The ruling, said Roberts, did nothing to advance the rule of law, “unless by that is meant the rule of lawyers, who will now arguably have a greater role than military and intelligence officials in shaping policy for alien enemy combatants.

George W. Bush is no longer the President. He is now a figurehead. Anthony Kennedy is now the President. Ladies and Gentlemen, a judicial coup has taken place.

33 posted on 06/12/2008 7:08:22 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: STARWISE

this and the british and canadian hate speech laws and speech codes on u.s. universities

should give islamicists ample room to destroy us.


34 posted on 06/12/2008 7:09:54 PM PDT by ken21 ( people die + you never hear from them again.)
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To: MrLee
We do not deserve Hussein, I don't care what most so-called Americans care about anymore, it matters not and we can't wait for anylonger for more help or a knight in shining armor. It is our country.

WE ARE ON OUR OWN.

35 posted on 06/12/2008 7:14:09 PM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: Tanniker Smith

And yet FDR is a hero for doing nearly exactly that. Jefferson too (stopping the USSC for a year prior to Marbury v. Madison).


36 posted on 06/12/2008 7:18:00 PM PDT by enough_idiocy (Holding my nose in 2008. I disagree with McCain on lots of issue, but with the Democrats on more.)
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To: Arrowhead1952

One additional thing I would do after deporting the terrorists is quietly issue an order to our heroes in Iraq and Afghanistan. Do not take any prisoners, period. If you are in a joint operation with the Iraq or Afghan forces, let them take the prisoners.

When this thing started and war was declared I thought then it was ridiculous to claim these were detainees. By the Geneva Convention, any soldier caught in civilian clothes was to be declared a spy and SHOT on the spot.


37 posted on 06/12/2008 7:18:08 PM PDT by ProudFossil
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To: stevem

bingo,
The executive branch is equal to the judicial branch, and the Judicial Branch of Government can decide for THEMSELVES what is allowd under the Constitution, and the Executive Branch can do the Same. The Supreme Court ONLY RULES the JUDICIAL branch and Has No Power over the other two branches of government. Now if only we had a President who could actually read the Constitution for what it says.

eyeamok


38 posted on 06/12/2008 7:19:57 PM PDT by eyeamok
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To: Elsiejay
If I were the President, I would immediately return all detainees to the locations of their capture rather than give the Ramsey Clarks of our lawyering class the orgasmic (to them) pleasure of attacking the United States of America using our own courts as the vehicle of their assaults.

How about this? If we capture any of the head terorrists, our troops could always use the "Three S" rule, "Shoot, Shovel, Shut-up."

Private Pyle: "Golly, Sargeant Carter, while I was escorting Osama bin Ladin, I accidently shot him dead, I thought my safety was on!"

Sgt. Carter: "Ummm, that's OK Pyle, all I have to do is figure out what to put into the paperwork."

One can go the route of the Saigon Police Chief in Vietnam where he shot the Viet Cong guy, kind of messy and not good looking but he did save the taxpayers the expense of trying him.

Seriously, we got judges out of control here.
39 posted on 06/12/2008 7:20:04 PM PDT by Nowhere Man (Is Barak HUSSEIN Obama the Anti-Christ? "Barak Ho-Tep!! Barak Ho-Tep!")
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To: STARWISE

This one decision probably dooms our chances of defeating IslamoNazi terrorism. This 5-4 decision by the usual cast of neo-communists means that we will surely suffer another 9/11 attack in the near future.

Shame on the five justices who voted to destroy our way of life.


40 posted on 06/12/2008 7:20:59 PM PDT by mohresearcher
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To: the invisib1e hand

>>If “millions of Americans” think it’s a really bad idea, what is their recourse, if any?<<

They could pressure their representatives in Congress to pass legislation that, in effect, reverses the Supreme Court ruling and, most importantly, takes away the federal courts’ jurisdiction over such cases.

Let’s not forget: Congress defines the federal courts’ jurisdiction and can broaden or narrow that jurisdiction anytime it chooses. The problem is, anti-America Democrats control the Congress and support this destructive ruling, and would probably ignore public pressure to reverse it.

Let’s face it: leftists on the Court and in Congress are committed to America’s defeat and made a bid stride in that direction today.


41 posted on 06/12/2008 7:23:30 PM PDT by KingSnorky
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To: STARWISE

We are truly through the Looking Glass. I’m reminded of the immortal words of Col. Nathan Jessup in ‘A Few Good Men”....

“All you did was weaken a country today, Kaffee. That’s all you did. You put people in danger. Sweet dreams, son.”


42 posted on 06/12/2008 7:25:06 PM PDT by jgilbert63
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To: eyeamok; stevem
The executive branch is equal to the judicial branch, and the Judicial Branch of Government can decide for THEMSELVES what is allowd under the Constitution, and the Executive Branch can do the Same. The Supreme Court ONLY RULES the JUDICIAL branch and Has No Power over the other two branches of government.

Are you out of your mind? The system was set up so that each branch has a check and/or balance on the others.

43 posted on 06/12/2008 7:26:51 PM PDT by Ron Jeremy (sonic)
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To: Cindy
You wrote in your post "Justicde"..I assume that was a typo?
It did however give me an idea for a new term

"Justicide" v. Suicide by Judicial Tyranny

Now I better go make sure its not already a word ;-)

44 posted on 06/12/2008 7:31:23 PM PDT by Michael Barnes
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To: roses of sharon
We do not deserve Hussein, I don't care what most so-called Americans care about anymore, it matters not and we can't wait for anylonger for more help or a knight in shining armor. It is our country.

WE ARE ON OUR OWN.


I think you are right. Some say that if we get Hussein in November, he will be like Carter (well, he's much worse than Carter, IMHO) and usher in the next Ronald Reagan. Well, in 1976 and 1980, Ronald Reagan was well known and known to have ambitions for the White House. This went back as far as the 1960's. Well, I don't know who is waiting in the wings to be the next Ronald Reagan. We cannot count on a saviour in shining armor, with the exception of Jesus of course, but I think like you, we are on our own.

I guess it is like when Rev. Billy Graham was asked, "Who will replace you when you pass on?" He said, gesturing to a group of pastors at a convention and said, "they will." I guess in this case, we are the "they." I know McCain is no Reagan but he is one helluva sight better than Hussein, I've been taught to do the right thing and the right thing (or at least the closest to it) is to vote for McCain. Like you, though, I do think we are on our own and not the only ones who think that way.
45 posted on 06/12/2008 7:31:32 PM PDT by Nowhere Man (Is Barak HUSSEIN Obama the Anti-Christ? "Barak Ho-Tep!! Barak Ho-Tep!")
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To: muawiyah

I can see it coming to that one day in this nation. Load up on weapons and ammo folks. You can’t trust this court with anything. The second amendment is next.


46 posted on 06/12/2008 7:32:05 PM PDT by I got the rope
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To: Ron Jeremy
STUCK ON STUPID
47 posted on 06/12/2008 7:34:08 PM PDT by evangmlw
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To: STARWISE

Political correctness truly continues to get even worse for everybody, everyday as it truly continues to replace common sense!


48 posted on 06/12/2008 7:34:13 PM PDT by johnthebaptistmoore (Vote for conservatives AT ALL POLITICAL LEVELS! Encourage all others to do the same on November 4!)
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To: Ron Jeremy
The system was set up so that each branch has a check and/or balance on the others.

I absolutely concur. When the Supreme Court ventures into areas where they don't belong, they should be notified of that fact by the Executive Branch. If the Legislative Branch sides with the Judicial Branch it can take steps to remove the current leader of the Executive.

In the meantime, the Jucicial Branch will have faced that needed check and balance.

49 posted on 06/12/2008 7:39:46 PM PDT by stevem
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To: STARWISE

This is at least the third time that the Court has taken on itself the power to decide who is a “person” for purposes of enjoying the protections of the Constitution.

In that regard, this decision joins Dred Scott v Sanford and Roe v Wade.

A sad day for reason.


50 posted on 06/12/2008 7:39:53 PM PDT by theBuckwheat
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