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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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