Supreme Court Upholds Habeas Corpus!

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Supreme Court PhotoIn yet another devastating blow to the Bush Administration's policy on terrorist prisoners, the Supreme Court has ruled that Guantanamo prisoners have the Constitutional right to habeas corpus, the right to challenge their incarceration before a court of law. The Decision was 5 to 4, with Bush appointees and conservative Justices dissenting.

On the left, the People for the American Way write of the ruling:

"The Supreme Court has rebuked President Bush's vision of the presidency as an office of limitless power, and declared that the president of a free nation cannot simply lock people up and throw away the key like some third-world dictator. This is a stinging blow to the administration's lawless policies and its allies in Congress.

On the right, The Naitonal Center for Public Policy Research has this to say:

Responding to today's U.S. Supreme Court ruling in Boumediene v. Bush that allows suspected terrorists to challenge their incarceration, Project 21's Kevin Martin is criticizing the Court, saying this decision puts national security at risk and sends a confusing signal to the military.

Washington Post reports Pres. Bush had this to say:

"We'll abide by the court's decision," Bush said. "That doesn't mean I have to agree with it. It was a deeply divided court, and I strongly agree with those who dissented. . . . That dissent was based upon their serious concerns about U.S. national security."

Bush also said the administration would consider new legislation that "might be appropriate so we can safely say to the American people: 'We're doing everything we can to protect you."

President Bush still doesn't get our Constitution after 7.5 years as President. The Congress legislates, NOT the president. The president executes the laws of the Congress, Constitution and Supreme Court rulings. Ah, well, a bit too late to hope for his education, now.

This story is very relevant to this election year, as the next president will, in all probability, appoint two Justices to the Supreme Court in his first 4 years.

Sen. McCain has vowed to appoint conservative judges who would overturn Roe v. Wade and make abortion illegal, and rule as Bush's appointees have on this most basic of Constitutional provisions, Habeas Corpus; the right to face and answer the charges of one's accusers in a court of law. McCain had this to say about today's decision:

It obviously concerns me. These are unlawful combatants, they are not American citizens, but -- and I think that we should pay attention to justice Roberts' opinion in this decision -- but it is a decision the Supreme Court has made. Now we need to move forward. As you know, I always favored closing of Guantanamo Bay and I still think that we ought to do that.

Obama's education is in Constitutional Law and will adhere to 'stare decisis' on the Roe v. Wade decision. Meaning he will not seek Justices who would overturn it. Obama had this to say about today's decision:

Today's Supreme Court decision ensures that we can protect our nation and bring terrorists to justice, while also protecting our core values. The Court's decision is a rejection of the Bush Administration's attempt to create a legal black hole at Guantanamo

My own two cents is this: "Any authority that seeks to imprison people in perpetuity without judicial review or a legal hearing is an authoritarian after Stalin's or Castro's own heart. That of course would include President George W. Bush, et. al. and his supporters who agree with Bush's comments on this issue."

What's your two cents worth?

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This page contains a single entry by David R. Remer published on June 12, 2008 2:45 PM.

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