Rasul v Bush - Scalia Dissents

SCOTUS ^ | 6/28/04 | Justice Scalia et al

[jwalsh07]

JUSTICE SCALIA, with whom THE CHIEF JUSTICE and JUSTICE THOMAS join, dissenting. The Court today holds that the habeas statute, 28 U. S. C. §2241, extends to aliens detained by the United States military overseas, outside the sovereign borders of the United States and beyond the territorial jurisdictions of all its courts. This is not only a novel holding; it contra-dicts a half-century-old precedent on which the military undoubtedly relied, Johnson v. Eisentrager, 339 U. S. 763 (1950). The Court’s contention that Eisentrager was somehow negated by Braden v. 30th Judicial Circuit Court of Ky., 410 U. S. 484 (1973)—a decision that dealt with a different issue and did not so much as mention Eisentrager—is implausible in the extreme. This is an irresponsible overturning of settled law in a matter of extreme importance to our forces currently in the field. I would leave it to Congress to change §2241, and dissent from the Court’s unprecedented holding.

As we have repeatedly said: “Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree....

Rasul v Bush. (PDF file)

[jwalsh07]

My opinion:

SCOTUS is out of control.

[jwalsh07]

Your opinion?

[familyofman]

Darn those activist judges!!!!!

[Howlin]

I am not knowledgeable enough to comment on Supreme Court rulings; I come to these threads to see what the "smart people" have to say.

I'll be here reading.

[jwalsh07]

Thanks for dropping by. :-}

[tpaine]

None of your links work.


Why did you 'excerpt' this decision?

[jwalsh07]

Links don't work? Ah crap!

I excerpted because its long and copying and pasting PDF is tedious. I'll get you a better link.

[Huck]

My opinion is I friggin hate pdfs ;-)

[Howlin]

I wish I had something to add to intelligent conversation on this, but I don't, although I have been accused of that on other subjects, too!

[jwalsh07]

Links work fine when I click them.

Go here and click on Rasul v Bush.

[COEXERJ145]

Scalia, Thomas and Rehnquist, are the only three members of the Court that are sane. The rest need to be impeached for being mental cases.

[jwalsh07]

Ah Huck, I left you out. My short term memory is getting shorter. Go to the link I gave to Paine. Right Click on Rasul v Bush. Copy the url to the clipboard.

Go to bottom of page and Adobe will convert PDF to HTML for ya.

[onyx]

Oh hell.
Do as I do: take Scalia's side and be correct all of the time.

[jwalsh07]

I would agree with that. Kennedys concurrence is abysmal.

Evidently we have three Americans on the SCOTUS and 6 globalists.

[The Scourge of Yazid]

A Matter Of Interpretation

and

The Tempting Of America

are both must reads!

If anyone wants to discover why our current system of jurisprudence is totally out of whack, they need to pick up those books.

Scalia, Bork, Graglia, et. al., have been warning us that this day would come for years. Frankly, I'm astounded that no one seems to have heeded their warnings.

It's only a matter of time before Khalid Sheik Muhammad, Abu Zubaydah and Saddam Hussein are released from custody because their detention violated a heretofore unknown part of the "due process" clause of the U.S. Constitution.

It's time to take back America!

[Torie]

I am not informed enough to have an intelligent opinion. Off the cuff, I would try to draw a distinction between those rounded up on the battlefield, and those arrested in the US. Another problem, is that this could be an endless "war," and thus the detention without due process could be endless. It's a toughie. But again, I simply am not informed enough to really have an opinion, that is worth anything. I leave it to some others to just shoot from the hip, which is rather popular in some quarters when it comes to legal issues.

[COEXERJ145]

O'Connor and Kennedy seem to be getting worse with every decision. Such opinions are expected out of Souter, Stevens, Breyer, and Ginsburg, but Kennedy and O'Connor up until recently were at least right of center on most issues. Now they've moved hard left as if they're under mind control by Michael Moron.

[jwalsh07]

I leave it to some others to just shoot from the hip, which is rather popular in some quarters when it comes to legal issues.

You mean like me? LOL

[Huck]

Hey, anytime I see "Scalia dissents" I am there. I'd like to have a collection of Scalia dissents in book form. That'd be the title: Scalia Dissents. Not a bad idea, actually.

[ClaireSolt]

They just can't bear the idea of lawyers and judges being left out. After all, they are indispensable.