Posted on 06/29/2007 2:48:03 PM PDT by neverdem
Sounds like Kennedy finally waffled out on this one. My hunch is that Scalia, Thomas, Roberts and Alito will all vote the right way on this one but that Kennedy will flake off. I hope he doesn’t, but we’ll see.
However, the decisions of the last few days indicate that Justice Kennedy has decided to join the sane wing of the Court. If so, the taking of this case is meaningless. Furthermore, the Court would have to ignore the Constitution, ignore the Court's own prior cases, and a statute of Congress in order to grant any relief to the terrorists who are seeking help here.
I don't think the Court as a whole is that stupid. Though I would not be surprised if the vote in the case is 5-4 against the terrorists.
Congressman Billybob
5-4 .... for a realistic reading of the written law.
Sobering.
Business as usual for our robed masters...
However, one sign that the court is going to take the constitutional view of the president's power over these scum is the rumor that Gitmo is going to be closed down. I don't think Bush would be doing that otherwise.
It's served as a valuable haven while the courts, legislature and public comprehended the difference between alien criminals and alien illegal combatants.
naval station on a scrubby corner of Cuba
+++++++++++++++++++++++++++++++++++++++++++++++
What does a scrubby corner mean?
Craig Crawford's Trail Mix: Coulter Flap Highlights Fairness Doctrine Debate
Warnings from Gaza (Newt Gingrich: World War IV)
From time to time, I’ll ping on noteworthy articles about politics, foreign and military affairs. FReepmail me if you want on or off my list.
My slight intuition tells me you might just address this on Monday. Are you familiar with Erwin Chemerinsky? A real piece of work, that guy.
To the Kurds.
Not tbe best real estate? Obstructed view? Zoned commercial? ;-)
If the SCOTUS has jurisdiction, then why shouldn't US law apply? If US laws don't apply, then why are the SCOTUS ruling relevant?
If they've agreed to hear this case on behalf of enemy combatants, it seems they've already decided they have jurisdiction. If they've agreed to hear the case relative to charges that the executive in engaging in illegal detention, then perhaps not.
"Lawyers for many of the 375 men now held at the naval station on a scrubby corner of Cuba greeted the unexpected news with euphoria. "
That's what the smell of $200/hour over 5 years of public reimbursement feels like.
bump
And Kennedy I guess. Pretty disgusting. But it's probably time to see if we really are ready to surrender to the terrorists. And I guess the Constitution really is a suicide pact.
We keepin' dem po men out in da bushes. In da scrubby place, ya know. Ain't got no nuttin out dere. In danger from roaches, and scorpions, and snakes out in dem scrubby bushes. Dey's tied to a stake wid leg irons and chains.
It's awful in dat scrubby corner of Cuba.
Except when there is a disagreement between federal circuits on how to interpret a specific law, the Supreme Court almost always grants cert to reverse the lower appellate court.
Thanks for the ping!
Every day they should run ads saying:
"while are troops are battling terrorists in WWIII, teams of Democrat ACLU trial lawyers represent terrorists in court FOR FREE, in hopes of getting them released so they can kill more Americans, maybe your wife and children."
>>Yesterday's reversal by the Supreme Court suggested that Justic Anthony M. Kennedy, who opposed hearing the case in April, had changed his position. Although the vote tally for yesterday's decision was not released, there have been indications that Justice Kennedy's position on this case has been pivotal. But lawyers said it was not possible to predict how he might eventually vote in what could be a divisive issue on the court.
Have to agree. This will ultimately end 5-4 against the terrorists.
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