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  • Hamdan v. Rumsfeld: Common Sense at War

    06/30/2006 7:05:56 AM PDT · by khnyny · 18 replies · 527+ views
    Real Clear Politics ^ | June 30, 2006 | Ronald A. Cass
    Liberty may have been the traditional casualty of war, but common sense is its new colleague. The Supreme Court, trying hard on the anniversary of last term's Kelo decision to find a suitable sequel, performed a rare triple loop in Hamdan v. Rumsfeld. It found jurisdiction in the face of a statute directly taking jurisdiction away from the Court. It second-guessed the President on the need for particular security features in trials of suspected al Qaeda terrorists. And it gave hope to One-World-ers by leaning on international common law to interpret U.S. federal law. If that weren't enough, the (left,...