"The appeals court said last month that the 1949 Geneva Conventions governing prisoners of war does not apply to al-Qaida and its members."
It doesn't and that's settled law.
if we lose this case in the SCOTUS - Gitmo closes. Its that simple. here is one issue where the polls show americans strongly in favor of the administration, if the SCOTUS gives these combatants rights - Bush should ignore the order.
So how does the Randolph ruling morph into the Roberts ruling? Obvious...biased revisionism.
Our second mistake is in detaining terrorists on a land-based prison. They should be detained on prison-ship -- makes it easier to have them "walk the plank."
Dear "Perfesser" Katyal,
Military tribunals ARE long-standing Constitutional and International LAW, ahole.
Where would the Scumbags on the SCOTUS get their authority to "hear" this "case." Don't do drugs and check the U.S. Constitution. IT'S NOT IN THERE!!!! SCOTUS needs to tell these bozos to go take a hike. THEY HAVE NO AUTHORITY.
Not a chance the Court will grant cert. First, the appeals court decision was correct. Second, there's no circuit split. Third, the primary question in the cert petition wasn't even addressed in the circuit court. And fourth, Roberts would have to recuse himself risking a 4-4 split.
I don't think there are many down there who are citizens of the USA.