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The USSC has Lost It’s Collective Mind

The SCOTUS blog [1]:

In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights. If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion.

The Court stressed that it was not ruling that the detainees are entitled to be released — that is, entitled to have writs issued to end their confinement. That issue, it said, is left to the District Court judges who will be hearing the challenges. The Court also said that “we do not address whether the President has authority to detain” individuals during the war on terrorism, and hold them at the U.S. Naval base in Cuba; that, too, it said, is to be considered first by the District judges.

The Court also declared that detainees do not have to go through the special civilian court review process that Congress created in 2005, since that is not an adequate substitute for habeas rights. The Court refused to interpret the Detainee Treatment Act — as the Bush Administration had suggested — to include enough legal protection to make it an adequate replacement for habeas. Congress, it concluded, unconstitutionally suspended the writ in enacting that Act.

Michelle [2]notes:

What’s that sound? The thunder of left-wing lawyers and Gitmo detainees jumping up and down for joy at the Supreme Court’s ruling this morning. Brace yourselves. Dissenting Justice Antonin Scalia warns that the ruling “will almost certainly cause more Americans to be killed” and concludes “The Nation will live to regret what the Court has done today. I dissent.”

Chief Justice John Roberts says the rule of law and the American people have lost out-and with this ruling, we “lose a bit more control over the conduct of this Nation’s foreign policy to unelected, politically unaccountable judges.”


Oh, and here:

it must do so only as the Constitution allows — when the country faces rebellion or invasion.

Well, now hold the blower, here…

Dictionary.com Unabridged (v 1.1) [3]Cite This Source [4]Share This [5]

in·va·sion [6]   Audio Help [7]   [in-vey-zhuhn] Pronunciation KeyShow IPA Pronunciation


1. an act or instance of invading or entering as an enemy, esp. by an army.
2. the entrance or advent of anything troublesome or harmful, as disease.
3. entrance as if to take possession or overrun: the annual invasion of the resort by tourists.
4. infringement by intrusion.

[Origin: 1400-50; late ME < LL inv?s?on- (s. of inv?si?), equiv. to inv?s(us), ptp. of inv?dere + -i?n- -ion [8]; see invade [9]]

Dictionary.com Unabridged (v 1.1)
Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006.

By those lights, 9/11 was an invasion. Apparently, the USSC has lost sight of that crucial point.

OTB has more, and a decent enough reax list. [10]