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

To: Tlaloc
It's not surprising that a liberal supports liberals on the SCOTUS while conservatives support the conservatives and common freaking sense on the SCOTUS.

Here is some common sense and conservative jurisprudence from Justice Scalia, Rehnquist and Thomas.P>A preview:

"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 contradicts 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."

You stick with Justice Stevens and Admiral Mullen, I'll stick with General Pace and Justice Thomas.

98 posted on 01/13/2008 4:48:25 PM PST by jwalsh07
[ Post Reply | Private Reply | To 92 | View Replies ]


To: jwalsh07
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.

Wrong! They ruled that Gitmo IS INSIDE the territorial jurisdiction of the US. They are right! Gitmo is NOT outside of the reach of the Supreme Court and liberals on the court have already conferred all kinds of rights on the detainees there! You can say otherwise until you are blue in the face but the law and the Supreme Court of the US disagree with you!

110 posted on 01/13/2008 5:02:17 PM PST by Tlaloc
[ Post Reply | Private Reply | To 98 | 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