“The Nation will live to regret what the Court has done today.”

Justice Scalia’s scathing decent to the Supreme Courts 5-4 decision today that U.S. Constitutional rights essentially (unlawful combatants now have access to the US civilian justice system) apply to everyone in the world…

Today the Court warps our Constitution in a way that goes beyond the narrow issue of the reach of the Suspension Clause, invoking judicially brainstormed separation-of-powers principles to establish a manipulable “functional” test for the extraterritorial reach of habeas corpus (and, no doubt, for the extraterritorial reach of other Constitutional protections as well). It blatantly misdescribes [sic] important precedents, most conspicuously Justice Jackson’s opinion for the Court in Johnson v. Eisentrager. It breaks a chain of precedent as old as the common law that prohibits judicial inquiry into detentions of aliens abroad absent statutory authorization. And, most tragically, it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner.

The Nation will live to regret what the Court has done today. I dissent.

Ed Morrissey concludes:

It seems absurd to apply criminal law to unlawful combatants captured during hostilities abroad. Will they require a Miranda reading, too? Do we have to bring the soldiers and Marines who captured them to the trial? In our 232-year history, when have we ever allowed that kind of access to enemy combatants not captured inside the US itself?

Mark Levin’s thoughts:

While I am still reviewing the 5-4 decision written by Anthony Kennedy, apparently giving GITMO detainees access to our civilian courts, at the outset I am left to wonder whether all POWs will now have access to our civilian courts? After all, you would think lawful enemy combatants have a better claim in this regard than unlawful enemy combatants. And if POWs have access to our civilian courts, how do our courts plan to handle the thousands, if not tens of thousands of cases, that will be brought to them in future conflicts?

Epic fail in my opinion… How can a nation possibly successfully wage war if we are granting US civil rights to non-citizens captured outside this country?  

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One Response to ““The Nation will live to regret what the Court has done today.””

  1. mbjesq Says:

    Do you have so little regard for our system of justice that you think it appropriate to have one standard for US citizens held by the US government and another for non-US citizens held by the US government?

    Can you seriously suggest that the country is jepordized by allowing the courts to do what they were designed to do: pass judgement on guilt and innocence?

    This is a great day for American constitutionalism. It is shocking, however, that four-ninths of the United States Supreme Court find compelling justification to imprison innocent men (i.e., those who might be exonerated at trial) for life without a constitutionally recognized judicial hearing.

    My take on this case is posted here.


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