Power of the attorney...

[trinityvixen]

...habeas corpus!

Thank God. This has been one of few rulings to come out of SCOTUS that I've agreed with since the Commander in Chimp put two people on its bench.

But don't think I don't remember that "WE HAV 2 SAVE TEH WOMYNS FROM REGRETTING NOT HAVIN TEH BEBBIES" Kennedy. Don't think I haven't forgotten. I'm thrilled to see you make such a passionate case for people who aren't even citizens. Do you think you could extend the same respect and courtesy to people who are citizens and who haven't, as a gender (much), been accused of terrorism? Mm?

ETA: God bless, Rude Pundit.

Finally, there's the couple of instances where Scalia comes across like a blogger who has run out of ways to say shit. For instance, here's an actual quote from this actual Supreme Court Justice: "[S]o long as there are some places to which habeas does not run—so long as the Court’s new 'functional' test will not be satisfied in every case—then there will be circumstances in which 'it would be possible for the political branches to govern without legal constraint.' Or, to put it more impartially, areas in which the legal determinations of the other branches will be (shudder!) supreme." That "shudder!" is now part of the written history of the highest court in the United States.

Comments

[ivy03.livejournal.com]

Bush disagrees with Guantanamo ruling

I AM SO SHOCKED. :o

[trinityvixen.livejournal.com]

AS AM I.

[ivy03.livejournal.com]

WE CAN'T LET THESE PEOPLE OUT. WE HAVE TO PROTECT AMERICA.

[trinityvixen.livejournal.com]

IF WE UPHOLD THE CONSTITUTION, THE TERRORISTS WIN!!!111!!!!!

[wellgull.livejournal.com]

...Scalia's comment there worries me. Not that it surprises me, but doesn't he realize that the whole POINT of a Supreme Court is to determine, IN EVERY CASE, whether the law is consistent with and is being administered in a way that is consistent with the Constitution? YES -- the wisest thing that the early Justices did was insist that the Supreme Court has the power of judicial review, because simply because Congress passes something or a President pees on it, doesn't mean it's automatically holy writ from the almighty arm of the Leviathan, whose will we few appointed judges must never question...

UGH.