Supreme Court opens up Gitmo lawsuit floodgates; Scalia: “The Nation will live to regret what the Court has done today. I dissent.”
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.”
The bottom line via SCOTUS blog:
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.
I’m reminded of what one DHS source pointed out to me when the high court ruled in favor of habeas corpus rights four years ago: “Hmm, now that the Gitmo detainees are entitled to habeas challenges and hearings by American courts and American judges, I wonder how long before they and their lawyers claim that they are entitled to asylum hearings as well?”
Won’t be long now!
Howard Bashman has links to the ruling and oral argument transcript. Justice Scalia’s dissent says it all:
Both the Chief Justice and Justice Antonin Scalia issued dissenting opinions, and all four dissenters joined in both dissents. In his dissent, Justice Scalia writes, “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.” Justice Scalia’s 25-page dissenting opinion concludes, “The Nation will live to regret what the Court has done today. I dissent.”
Jonathan Adler: “As I (super-quickly) skim Justice Kennedy’s opinion for the Court, it appears to hold that Guantanamo detainees have habeas rights, that these rights can only be denied through a valid suspension of habeas rights (under the Suspension Clause of the Constitution), that the procedures created by the Detainee Treatment Act were not an adequate substitute for habeas, and therefore Section 7 of the Military Commission Act is an unconstitutional suspension of the detainees’ habeas rights. I’m sure I (and others) will have more to say about this case in subsequent posts.”
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?
It has been the objective of the left-wing bar to fight aspects of this war in our courtrooms, where it knew it would have a decent chance at victory. So complete is the Court’s disregard for the Constitution and even its own precedent now that anything is possible. And what was once considered inconceivable is now compelled by the Constitution, or so five justices have ruled. I fear for my country. I really do. And AP, among others, reports this story as a defeat for “the Bush administration.” Really? I see it as a defeat for the nation.
UPDATE: The 5-4 GITMO decision brings to the front, yet again, John McCain’s position on judges versus his own policies. McCain undoubtedly supports the 5-4 decision, yet the justices who voted against it, and argued strenuously against it, are of the kind McCain claims to want on the bench. We have seen the same issue arise respecting campaign finance. This is not to say that McCain won’t nominate originalists to the bench. But if he does, he will be nominating to the Court individuals who are better adherents to the Constitution than he is.
I’m skimming through the ruling, too. Here’s the key passage of the majority’s ruling, pp. 41-42:
We hold that Art. I, §9, cl. 2, of the Constitution has full effect at Guantanamo Bay. If the privilege of habeas corpus is to be denied to the detainees now before us,
Congress must act in accordance with the requirements of the Suspension Clause. Cf. Hamdi, 542 U. S., at 564 (SCALIA, J., dissenting) (“[I]ndefinite imprisonment on reasonable suspicion is not an available option of treatment for those accused of aiding the enemy, absent a suspension of the writ”). This Court may not impose a de facto suspension by abstaining from these controversies.See Hamdan, 548 U. S., at 585, n. 16 (“[A]bstention is not appropriate in cases . . . in which the legal challenge ‘turn[s] on the status of the persons as to whom the military
asserted its power’ ” (quoting Schlesinger v. Councilman, 420 U. S. 738, 759 (1975))). The MCA does not purport to be a formal suspension of the writ; and the Government, in its submissions to us, has not argued that it is. Petitioners, therefore, are entitled to the privilege of habeas corpus to challenge the legality of their detention.
Here’s the conclusion of Chief Justice John Robert’s dissent, pp. 27-28.
So who has won? Not the detainees. The Court’s analysis leaves them with only the prospect of further litigation to determine the content of their new habeas right, followed by further litigation to resolve their particular cases,followed by further litigation before the D. C. Circuit— where they could have started had they invoked the DTA
procedure. Not Congress, whose attempt to “determine— through democratic means—how best” to balance the security of the American people with the detainees’ liberty
interests, see Hamdan v. Rumsfeld, 548 U. S. 557, 636 (2006) (BREYER, J., concurring), has been unceremoniously brushed aside. Not the Great Writ, whose majesty is
hardly enhanced by its extension to a jurisdictionally quirky outpost, with no tangible benefit to anyone. Not 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. And certainly not the American people, who today lose a bit more control over the conduct of this Nation’s foreign policy to unelected, politically unaccountable judges.I respectfully dissent.
***
Related: Who’s funding the Gitmo lawyers?
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- JammieWearingFool
- SCOTUS sides with Gitmo Detainees « Azman Family Politics
- SCOTUS: Foreign Unlawful Combatant Terrorists Protected by US Constitution | PAWaterCooler.com
- Flopping Aces » Blog Archive » “The Nation Will Live To Regret What The Court Has Done Today.”
- The Dan Lee Report » Blog Archive » Supreme Court Rules For Terrorists in one of the Darkest moments in U.S. History
- A brief note on the Supreme Court habeas corpus cases [Karl]
- Rhymes With Right
- The Thomas Chronicles » Supreme Court Rules on Gitmo
- Outside The Beltway | OTB
- SCOTUS Says that You and the Islamists are All the Same to the Constitution | The Sundries Shack
- baldilocks
- Top U.S. court says terrorism detainees have rights * | Jack’s Newswatch
- Supreme Court Creates Killing : Stop The ACLU
- The USSC has lost it’s collective mind | BitsBlog
- Supreme Court Issues Gitmo Ruling Favorable to Lawsuits | OpenMarket.org
- Supreme Court Issues Gitmo Ruling Favorable to Lawsuits | OpenMarket.org
- SCOTUS: You’d better go ahead and kill them, then. » Pursuing Holiness
- The Radio Patriot
- Gitmo Detainees Get Their Day in Court « Axis of Right
- Media Mythbusters Blog » Blog Archive » Media Bias Roundup - 06/12/08
- Democrat=Socialist
- The other side of the Supreme Court ruling « ReasonableCitizen
- Six Meat Buffet » Boon for Humvee Chasers
- Supreme Court Ruling on Illegal Enemy Combatants; US Will Live (or Die) to Regret « God Drinks Beer
- Blame Congress, Not The Judges « Tai-Chi Policy
- The Patriot Room
- June, 2008 Archive « Right Minded Online
- Guantnamo Detainee New Al Qaedas Chief - Page 2 - YardLimits.com
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Categories: Ally McBeal approach, Gitmo
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The time has come.
“The people are the rightful master of both congresses and the courts.
Not to overthrow the Constitution, but to overthrow the men who pervert it.”
- Abraham Lincoln
You left out THIS lovely gem:
Well of course they were. The great cRusty has spoken.
cRusty make no distinction between terrorists and “foreign citizens”.
WOW, just WOW!
The reason to vote for McCain has never been clearer.
Well, thankfully, five Justices disagree with you.
Soap, the founding fathers were wrong about a lot of things that have since been amended. Slavery, suffrage, DC voting rights, etc. Amendments make what the Founding Fathers wanted moot. The 14th Amendment allows foreign person to have Constitutional rights if they’re being persecuted.
I was referring to civilian attacks.
Also notable, after Pearl Harbor, we declared war. No such declaration was made after 9/11. Again, that changes the rules substantially.
That distinction can’t be made until evidence is presented against them.
Rusty …
Who do you think we should have declared war against followingthe 9/11 attacks?
Pearl Harbor was carried out by a country … 9/11 was not.
This is one of the most stunningly stupid decisions to come out of SCOTUS since Kelo.
It is idiotic decisions like this that will ultimately lead the people to act to reclaim the government from the tyrants who increasingly abuse their position to overthrow the foundational principles of the Republic to subvert and destroy the Republic they are sworn to serve.
#194:
On the contrary, the reason to vote against McCain has never been clearer.
#12 S.C. –not enough power…
Republicans in office could have gotten DOWN and DIRTY with the Dems (DDD) but – NO -they have been playing NICE over mannnnnnnnnyyears.
Thus,we have an un-Constitutionally powerful Supreme Court!
It’s almost like they-too-wanted this great country to be weakened.
DDD Down and Dirty like the Democrats…I like that
!
Rusty said this to Soap:
There really is no hope for you. You cannot equate slavery with people who want to destroy this nation. You do for some reason but it’s a false connection. Again, did you give any of your hard earned money to the Pentagon fund because they didn’t get the money the other souls received because they were in the military. I would like for you to think about them and their families as well since it was grand of you to go out there and think about Matt Maupin and the other POW who are MIA and what happend to them and think about how relatively safe you are in the District while giving the bubbles to terroists who would like nothing more than to slit your throat. Pleasant thoughts I know but that’s the way it is.
Based upon this 5-4 split decision and the responses of the handful of libs here, I throw the full weight, responsibility and outcome of this decision squarely on the American Left. Congratulations, you own this.
On this issue, I dunno. He’s wanted Gitmo closed and I believe he’d be satisfied with this particular decision.
The reason to vote for McCain is still….
Obamessiah.
Do you really believe that crap, Musty?
Way to ruin your point with your racism. Your handle is appropriate.
#202:
Why? Reagan appointed Kennedy, Bush appointed Souter, Stevens was appointed by Ford, and Republicans approved both Ginsberg and Breyer.
How in the world can you blame the “American Left”?
Mark,
learn the definition of racism and racist before accusing someone of being one.
Kennedy was appointed by Reagan, IIRC, because the Dems blocked Bork on partisan grounds.
The Republican controlled Senate of the time should never have voted to confirm by, IIRC, a 94 to 6 margin the former ACLU attorney Bader-Ginsburg, not after Robert Bork was rejected on partisan grounds.
Now, a Clintonian ‘moderate’ might still have voted along the lines of internationalist Anthony Kennedy, but the Dems played hardball politics with Reagan and Bush, the Republicans played nice for Clinton, and now the Dems are playing hardball again.
If they aren’t punished, they’ll keep doing it.
#195 Rusty!
“The 14th Amendment allows foreign person to have Constitutional rights if they’re being persecuted”
NO IT DOES NOT!
Souter was a closet case, in more ways than one, recommended by John Sununu, who masked his political leanings from Bush 41 during the selection process before he was nominated.
He might want to retire to Fire Island or Key West to hang with his boys when Obama becomes President and he knows his replacement will vote the same way he does.
Oh, but for a Pres. that has stones enough to declare a national emergency…a few years back, use executive powers to develop our own energy, use American momentum to go after those who threaten us and unite this country into a strong, sovereign, cooperative, cohesive, not mention proud, nation.
Bolton for CEO!
Spoken like a true Ron Paul supporter. It was 19 thugs who flew planes into the WTC buildings. There is NO evidence that 9/11 was performed by terrorists. Blah, Blah, Blah.
I asked before, how do you people live with yourselves?
P.S. I did not know any of the over 3000 people who were killed on 9/11 (a terrorist attack)and I am absolutly offended at how crass you are to make your earlier statement.
Bush’s ‘compassionate conservatism’ was code for him being somewhat on the RINO side.
I’m still glad he beat Gore and Kerry.
Although Gore might have been forced to act against the MoveOn.org wing of his party and attack al Qaeda in Afghanistan and elsewhere by public pressure, and if it had been Gore pushing for war, the media would have been on his side.
That is a big if. Gore is just as likely to have followed the Clinton route of unenforced UN resolutions and grand jury indictments of surviving terrorists.
Is this the beginning of the end?
There, fixed that for you. Do you get that McCain SUPPORTS this decision?
Again there is no way McCain will nominate constitutional judges for two reasons; they will not get an up/down vote by the Dem majority; and he would not nominate someone who would overule the positions he agrees with!! Or would overule McCain/Feingold!!
And to everyone who keeps squealing that McCain will support judges further right than Obama… IT WON’T MATTER. A liberal vs uber-liberal judge will VOTE THE SAME…
Khan is right that this is the REPUBLICANS fault for constantly trying to APPEASE leftists! Reach across the aisle with some dillusional thought that makes them think the leftists will reach back! NO THEY DON’T. They just return to attack mode and laugh themselves silly at Rs stupidity and weakness.
McCain – I will NOT submit!
d1carter – Yes.
DBNinKY: Excellent point. Everyone who thinks this country is finished, we are screwed, bla bla bla is forgetting that even the numbskulls in this country will know who to turn to when the s#!t hits the fan again. That and 4 years of global warming taxes as the planet cools. Now, if McCain gets elected and blows that for us, then we are screwed.
Obama 08
You didn’t specify, or even imply, civilians – although many were killed at Pearl Harbor, too. It’s hard to declare war against a bunch of non-territorial terrorists, and the Democrats in Congress would have prevented it anyhow. After all, they felt no need to declare war in their previous two (Korea and Vietnam) either, and it in no way changed how they were conducted, nor did it change the Geneva Convention and how it was applied. BTW, one other little point in your list of the sins of the founding fathers – voting rights for DC. Even someone as little grounded in history as you should know that there was no such entity when the Constitution was written.
From Mark Levin
Levin might be right. I hope not. Extrapolating McCain’s hysteria about waterboarding to saying McCain favors habeas corpus rights for captured terrorists is a stretch.
Anyway, based on his poor record on issues like McCain-Feingold, it is a bit much to expect he’d nominate constitutionalists, but he couldn’t get them through a Democrat Senate if he wanted to.
And although Anthony Kennedy gave the pooch a rather hard screwing today, he votes the correct way about half the time, which I’d expect from a McCain nominee, as compared to always voting the ACLU/CPUSA line, as Ginsburg does and any Obama appointee would.
A caller on Rush’s show just made an interesting point- now that “enemy combatants” (although they really aren’t) are going to be extended constitutional rights, will the same thing also apply to the US military? In other words, are they going to throw out the UCMJ next?
Ed Mahmoud abu al-Kahoul – I wonder if you realize how you come accross when you call Khan “ObamaGirlMoby”?
It could cut both ways you know. We anti-McCains could assume you and others supporting McCain are leftist shills trying to sabotage the conservatives by pushing McCain. So you figure it won’t matter which wins, either way you get your leftist slide.
Now, I don’t believe that is what you are doing, but it makes as much sense as what you’re accusing Khan of.
Zacarias Moussaoui – Remember him and his lawyers and how they tied the court system in knots and the expense that was incurred? Multiply that by scores and we’ll really have a mess.
GITMO – I’d take away the Halal meals; special prayer rugs; gilt edged Quran’s; and all other special privileges even our own citizen prisoners don’t enjoy.
Many of the GITMO prisoners that have been released have been caught or identified committing terrorist attacks against U.S. soldiers again and again. These fellows are so bad their own countries don’t want them back.
Sheriff Joseph M. Arpaio – I’d bring him on board to run GITMO for 6 months to 1 year implementing some of his rules that he used in his county jail – pink underwear, the meagerest of meals; and hard work during the day to help cover their costs. It must be legal because he continues to use those rules.
The President needs to get the fortitude of Abraham Lincoln when he suspended Habeas Corpus during the Civil War.
It isn’t merely hysteria about waterboarding. He is opposed to confining them at Gitmo, and wants to shut the place down. His choice of judges is going to reflect his own opinions, which means that at best they will be centrists, and as centrists do when they get to DC, they will inevitably move left as Kennedy and O’Connor have done.
Rusty, you make at least a decent argument. I disagree, but its at least coherant enough to read. This issue is complicated enough without morons like sausage getting into the frey.
sausage,
glad you’re on the right side of this. but if you want to talk about human rights, why not start with the muslims over across the pond in your backyard. Because we know they’re ALL about some human rights violations.
Last i checked, the Gitmo prisoners still had their heads, hands, fingers, and feet. They are fed regularly, allowed to still follow their religion with regards to being able to pray and have access to The Book of Perpetual Hate and Violence, and are treated humanely enough.
We cant say the same about prisoners that muslims have taken over there, now can we?
It isn’t a stretch because McCain has come right out and SAID he is for the terrorists having access to the civilian court system!
Ugh! How did we get here? Friggin RINO’s
1. You have no idea how I feel about Roe v. Wade, nor can I think of one time I have claimed that Roe is untouchable because of stare decisis.
2. Please point to what prior decisions you think can be a basis for invoking stare decisis that would invalidate this one.
3. Even granting that you there is prior case law contradicting today’s ruling surely you must know (since you are so quick to throw that big old term out there) that the doctrine of stare decisis does not bind a court who made the prior ruling. Fun quote:
Did you also pick up in your extensive legal research that just between 1946 and 1992, the SC overruled itself 130 times?
And don’t forget, McCain may not even appoint any SC justices, but he will appoint a helluva lot of judges across the country.
A leftist shill would want the communist in the White House with a majority Marxist Senate, packing the court with more CPUSA/ACLU lawyers, gutting the military, and snatching defeat from the jaws of victory in Iraq.
Unless the double secret probabtion psychology involved is deeper than I can understand.
I’m just guessing, not hard to go to a PC with a different e-mail address and IP, like the work computer, and register a ’sock puppet’ to defend oneself, is it?
But the Supreme Court has done is fail to recognize the War on Terror. They are stuck in the pre 2001 mindset of citizens vs state or state vs state. The war on terror is terrorist group vs state. Terrorist groups have no standing in the global politic. They are not part of the geneva convention and have no state to protect.
A leftist shill would want to destroy the once-conservative party called Republicans and simply be okay with any leftist.
I forget the Supreme Court decision but the benchmark was placed when the court said (sometime in the ’60’s I think) that, while all persons within the US have protection under the Constitution, those at our doorstep (attempting to enter) are “on another foot entirely”. Although the decision defined an alien attempting to enter’s rights, it also defined the point at which the Constituion and Bill of Rights becomes effective.
When the Constitution was written, the idea of “Citizenship” was left undefined because there was almost no such thing as a tourist. When people came here, with very few exceptions, they came to stay.
It was the end of the Civil War and mass migration from Europe and China in the late 1800’s before “Citizenship”, “Visa”, “Passport” and “Exclusion” were defined.
Basically, the Constituion and all US Law cover every person within the physical and legal jurisdition of the USA no matter what (excepting, of course, those people who wrote the laws). Only those attempting to enter escape it’s protection.
Of course, all of this is crap when the IslamoFacists win using our own Liberal Guilt weakness against us. Once again, what DemoCommies can’t legislate, they use an activist court to force on us.
In 1940, German prisoners of war were sent to Canada by the UK for the duration wihtout trial. No one seems to mind that.
Enemy combatants aren’t criminals. They are prisoners of war. If they had comitted a criminal act, they could be tried (in a military court) but not for simply being soldiers. We have now allowed the Dems to do away with the Geneva Convention and our ability to defend ourselves.
Just what they wanted from the beginning.
Obama has been hiring staff to monitor and attempt to quell negative comments about himself and his wife and to voice support for his candidacy on the internet.
I think some of them have invaded Michelle Malkin’s blog after reading many of the comments posted here and on other subjects – especially having to do with Obama and/or McCain.
Their objective appears to be to take the discourse off subject and rattle the conservatives. You know – get them bickering with them and/or amonst themselves.
I bet most of you can name a few of them!!!
The congress, Senate specifically did not formally declare war. That much is true. I called then Fritz Hollings’ office the week after we were attacked (invaded like the JAPS did in WW II) and said, “declare war. Any questions? There were none.
Now we must do what? Amend the constitution to cover other than war? Yes, this will put our country at risk, our soldiers at risk and allow our enemies much greater freedom to go free and fight another day as many have already done.
i am saved
I’m pretty sure Khan is one, and ‘Joy’ is either his/her/its sock puppet or a friend he/she/it brought along from MyObama.
Funny when someone who prefers the flawed over the flat out communist is accused of being a ‘leftist shill’.
The term ‘Moby’ comes from a low talent techno musician, who encouraged his fans to visit pro-life websites during the 2004 election, and spread rumors that Bush had pressured a girlfriend into an abortion, hoping some would believe it and stay home, and thus help the pro-abortion candidate, John Kerry, win.
I don’t know if Khan’s big issue is a radical devotion to abortion, an American defeat in the war on Islamic terror (it has slipped and said it opposes the Patriot Act, ie, it wants to make it easier for terror groups to plan attacks in this country). Maybe gay marriage. I don’t know.
There are people on this board with legitimate concerns with McCain’s tendency to support Dems on key issues, like his support for amnesty, or his apparent acceptance, lock stock and barrel, of the global warming hysteria. The Mobies are trying to convince them to stay home and let the communist destroy this country as a capitalist representative democracy.
Each passing day finds this once great Country of ours being turned assunder. The people that’s in a position to lead and protect the American people are tearing our Constitution to shreds and all we can do is sit idly by and watch it disentergate before our very eyes. I thought we had a ‘Constitution Of The United States, and not a ‘Constituation Of The World.’ It saddens me to no end how murderers and cut throats are allowed to come under our Constituation.
I’m sure lgm, nancy piglosey, turncoat reid, the aclu, and traitor murtha are dancing in the streets as they see their enemy, The United States and It’s Citizens go down in defeat.I didn’t captalize, because they don’t deserve capital letters.
I don’t care who appointed the five Judges, the fact remains as Americans, they’ve turned their backs on the citizens who they took a vow to protect, instead they’ve sentenced many more Americans to death. June 12th, 2008, will go down in infamy.
Koran being flushed down toilet…..racist hate crime.
Crucifix in piss……..art.
Hypocrisy on display…..priceless.
Sorry. Not you specifically – you in the context of “you on the left”, who have made the argument of precedent repeatedly in the case of RvW. I am not a lawyer, but I know that there is in fact precedent dealing with the case under discussion but to my embarrassment I can’t remember the title and I’m too lazy to research it. And yes, I understand that the Court can and does frequently overrule its own precedents, which is their right, and which is why I mentioned the exception of RvW.
Let’s look at WW2.. Did the Germans attack the USA? No. They declared war on the US but never specifically attacked the US with the exception of the US flag ships that were supplying Germany’s enemy (the UK). We fired the first shot on a North African beach – and that was at a Frenchman.
I am not implying that any of this was wrong.
We WERE attacked by a close supporter of Germany – Japan. We rightly defended ourselves from ALL enemies at the time.
Skip to 2003: Were we attacked by Iraq or Afghanistan? No. We were attacked by a group called Al Queda which was closely supported by the then governments in those countries. Using this logic, we were and are absolutely correct. I am sure Sausage will differ in opinion but I bet his or her Grandfather wouldn’t have minded at all.
This has a very Jena 6 flava to it.
FREE THE GITMO 300!!!
Rather than free them (GITMO detainees), I say put them in work release cleaning the Supreme Court building and the Congress. Maybe caring for the grounds – but that would probably put the illegals from south of the border out of a job.
The Supreme Court is on a roll now. Maybe they can now rule in favor of Washington DC’s gun control laws. Why stop with giving terrorist’s constitutional rights like the writ of habeas corpus?
Yes, they admitted it was true.
It was flushed by the TERRORISTS!!!
“Nice muzzie, don’t bite! good boy!”
The C.C.R. claims;
Oh, this is just great, don’t you think? They are “committed to the creative use of law” for “social change,” but they, and their supporters attack our government for their own “creative use of law” in the efforts to protect the American people from these inhuman barbarians.
These same lawyers have filed lawsuits against our government on the behalf of two dead Saudi detainees from Gitmo. Why? Because the family suffered emotional distress at having their wannabe martyrs incarcerated, and subsequently, dying in captivity. Would they be so “distressed” knowing that their “beloved sons” died blowing themselves (and innocent women and children) up in an Afgan marketplace? (Maybe WE should start filing lawsuits against the Islamofacist terrorist’s families for having children who actions cause US so much grief and distress?)
If the American people truly want change, they can start by demanding change in the way our legal system protects non-citizens who want to kill us…or perhaps our military can enact a policy of “utter and complete destruction” of military targets, thereby eliminating the possibility of prisoners, and more of this anti-American nonsense.
We the sheeple have the government, and gas prices, we deserve. Let the sheeple elect a few more democrats. As for Florida, we have the RINOs we deserve too. Maybe after they’re riding bicycles around for ahwile, they’ll try and figure out exactly who they’re voting for next time. Until then, the less cars the better for me.
Once again, the consequence of going to war without a Congressional Declaration of War.
One would have thought lessons would have been learned from Vietnam.
A previous posted asked in effect “which country”?; I don’t see any need to explicitly specify a country in a CDoW;
GW Bush could have asked that Congress declare that a state of war exists between the United States and Al Qaeda and any nation or entity giving them material aid and support.
THEN follow up with:
A suspension of Habeas Corpus
A Sedition Act
Locking down the borders and shores even if it was necessary to resume conscription to obtain the necessary manpower.
Easy solution:
1. Send all the current ones over to various mid-east countries who might have an interest in them and their crimes.
2. Issue a ‘no prisoners’ ROE immediately.
The tinfoil kooks are here. It would be comedy if it weren’t so pathetically sad.
Ed Mahmoud blah blah - Now you are intentionally misrepresenting what I said. How about the whole quote instead of the out of context part.
Or do you simply lack reading comprehension skills?
Followed in seconds by several articles of impeachment.
I wouldn’t get too upset. It’s just the McCainiacs belatedly realizing that a huge slice of the Republican/conservative voter base have taken note of the fact that they are not considered part of McCain’s base, and are acting accordingly, much to the chagrin of the McCainiacs, who think that we’re supposed to support their candidate because…. well, just because they do.
#251:
Joy, you’re wasting your breath. There is nothing to be gained by trying to have an intellectually honest discussion with someone who is incapable of doing so. Instead, they must rely on personal attacks, deliberate misrepresentations, straw men, name calling, and the attempt to marginalize the opponent by labeling them a troll or a plant. Now he’s gone a step further to even marginalize any humanity, using the pronoun “it”. I’m sure he’s amusing himself with his juvenile actions.
Call me a cynic, but many lawyers are crying (laughing) all the way to the bank over this decision. Supreme court justices…lawyers….ACLU….lawyers…and so on. I have no doubt that this decision opens the door for massive transfer of our taxpayers dollars into the hands of lawyers and courts. America is screwed by this decision and lawyers coffers are swollen…seems to be a recurrent theme in America today
…and the ACLU rejoices, as the flood of terrorist money begins flowing to their coffers…
Please don’t tell me that these murderers will be defended on the taxpayers’ dime.
254
It is so cute when someone converses with their sock puppet.
Ever hear of a court appointed lawyer? How about the $800 suit the GITMO detainee needed to appear in court wearing. You think they paid for it from their benevolent terrorist fund?
#247 Orlandocajun: You are so right. We have the government we have because stupid people keep electing stupid people. The common sense crowd in this country is obviously outnumbered! I wish the founders had written in term limits to every single branch of government, including the Supreme Court, but then they probably couldn’t have imagined, in their wildest dreams, that such unpatriotic people would be running things. This is a sad day and I agree with Justice Scalia that the Nation will regret this decision. I need to find a train track so I can scream when it passes by so I don’t give anyone a heart attack.
If my hatred for the United States was as bad as the liberal’s hatred, I would be seeking out a new country for me and my family to live. But you libs won’t do that because you know your bs would not be tolerated there.
I pray for American people to wake up and put an end to this cancer we know as liberalism.
When will enough be enough?
Today the Court ruled that the Constitution is in fact a mutual suicide pact. Great.
It’s absolutely insane to argue that enemy combatants should have more rights under our constitution than our own citizens serving in the military who do not have access to civilian courts.
We’re no longer a nation of laws, but are tyrannized via the whims of black-robbed priests seeking self-agrandizement.
This isn’t the first time SCOTUS was this far wrong. Dredd Scott was indicative of a festering illness, just as this — and other rulings of the same cloth are.
It is rapidly becoming clear we need to excise this cancer. Even so, it may be too late.
My wife’s been twice to Iraq, and she’s in the bucket again.
We knew this ruling was coming. We’ve discussed it and — while making her 20′d be nice, *I’m not certain these people are worth my wife’s blood. That it might be a jihadist’s 2nd try at his 72(male) virgins that spills it sickens me.
This a$$hat ruling is just one in a growing list. Stock your food, supplies, & keep your powder dry… Pick your spot & turtle up.
Friends, I’m really down-in-te-mouth, here…
– martin.musculus
The Dems won this issue, they have successfully weakened our nation.
It is a day which all of us should remember anytime we step into a voting booth.
Justice Scalia got it exactly right.
Now do any of you want to let a democrat go unopposed in an election. Because if this bothers you, just imagine the next 8 years with a democrat held house and senate, white house and supreme court vacancies looming.
This decision will just have been one of many atrocities committed by the vermin on the left after that.
errr, #&@*% PDA virtual keyboard:
black-robbed = black-robed
20′d = 20 would (you know: 20 ‘d)
*I’m = *I’m*
any more than these, please forgive…
– martin.musculus
So is it time for the revolution yet or are we waiting until they take away all our rights and completely destroy America? Even my crappy public school education taught me we aren’t supposed to live in an oligarchy.
martin – I’m working on my food/water storage now. And yes, it is depressing watching your country die.
atheling – It’s now for me. It’s obviously going to take a while longer for some others. Revolution is inevitable, and it’s coming sooner, rather than later.
ets knot lyke wee mayke mistaykz wen wee tipe two.
atheling,
What ~you~ and TJ said!
Yep, what we’ve got here is one of your long trains of abuses and usurpations.
And the people have an inalienable right to break the chains to which they are bound to the will of such abusers and usurpers and to visit upon those villains a righteous and awful justice, IMO.
Wow, I noticed it too. I thought I was just being hypersensitive…
thinking perhaps it was my imagination…
Thank you for the validation. A tiny patch of gray on a black day.
— martin.musculus
Would that owners of guns got the same Constitutional consideration or just the benefit of the doubt as these enemy combatants will get.
Despite the Second Amendment, to liberals, gun owners are presumed guilty, needing fingerprints, FBI clearance and a non hostile police chief, while these enemy combatants are presumed innocent by the libs and the media.
Non citizens enemy combatants get Constitutional rights, while actual law abiding citizens are denied theirs.
It’s a Bizarro world sometimes (Bizarro equals liberal/socialist)
Joy, Ignatius Reilly, chicago jedi:
I posted elsewhere that we need to present a Petition of Grievances to Congress. Perhaps we should consider writing one up? We have the internet to help disseminate it and obtain signatures…
Secondly, in presenting it, I think we should march on DC. I know the logistics of this could be nightmarish, but we need to do something to make those beltway bums take notice.
I’ve never done anything like this before, and I always thought that “professional” protesters need to get a life and a job, but I guess we are approaching the time when it is appropriate for the “silent majority” to make some noise. For too long the squeaky wheels were the liberals and their lobbies.
It’s time that WE THE PEOPLE work to take back our country and reform our government.
Anyone out there have any experience in this sort of thing?
How much do I live Roberts and Scalia?
Two men who have been blessed with clarity beyond their present situation. If we only had seven more on the bench like them on this issue, we could continue to prosecute the War on Terror–with no hands tied behind our backs.
Take off the damn gloves already. We keep bringing knives to gunfights–and legislating how sharp those knives can be when some whiners cry too loud.
“Oh beautiful, for patriot dream that sees beyond the years…” Oh, that we had a little more of that in this nation.
Morally speaking, I think that Timothy McVeigh’s great crime was to blowup a federal building when there were many innocents inside.
Nicely stated chap…you effectively silenced khan’s feeble attempts at amateur lawyering.
Another trait in common between the fringe right and the fringe left revealed by this thread: living in a constant state of fear and paranoia.
And one more thing:
If we confirm our liberty in law, then we condemn it through this lawlessness.
#276:
excuse me?
The democrats worship Andrew Jackson, so let Bush quote him…”They’ve made their ruling, now let them enforce it!”
I am calling for as many as can make it to protest at every McCain appearance with lots of signs and blowhorns and plenty of noise …
Leave Gitmo Alone …
Condemn the SCOTUS decision …
Get rid of Juan Hernandez and La Raza …
Secure the !@#$!% border …
Enforce the immigration laws … NOW !! …
Drill ANWR and anywhere else we can …
Get off the oil companies backs … lots of businesses make 2 and 3 times higher percentages of profit than oil does anf nobody is upset at them …
Go after the speculators who are driving the price of oil up … their actions have absolutely nothing to do with supply and demand … zero … nada … zilch …
And bring any other signs you can come up with … we have to get his attention and I don’t give a @#%@ if he likes the protests or not …
We are going to have to come up with a new term because We are SO Screwed is not extreme enough anymore