SCOTUS: Bush overstepped authority at Gitmo

just starting the thread without comment to make sure we have a normal title instead of something really, really snappy

 

I would be interested to see who cast which votes.

 

Yikes,

W is gonna have to pick up that Constitution he wadded up and threw in the corner of the Oval Office, smooth it out, brush it off and read it now.

And Alberto V-05 should go back to law school.

 

My guess -- dammit all -- is that I'm going to be toasting Tony Scalia at dinner tonight.

 

Although he didn't vote, you can bet Roberts WOULD have made it a 5-4 tally if he'd been able to.

 

Sorry to pee in your corn flakes, F_B, but since W has shown a blatant disregard for the Constitution so far, I'll save my toasting when this is actually enforced...

 

This is a minor victory. There's still so much more damage that needs to be undone, and so much potential damage out there that could be done, and I just don't hold out faith in this court to do what's right for America as opposed to what's right for this administration.

 

Who's going to be the first to charge those damn activist judges with treason? I mean they are aiding and abetting, uh, that, you know ... that tall Araby guy with the beard and the head thingy? Anyone seen him lately?

 

It's official, Justice Anthony M. Kennedy is always the swing note nowadays.

 

alley --
Don't be too sure. This is the first whack they had at both the "unitary" executive theory and at John Yoo's fantastical reinterpretation of the Executive. And they took a big old ax to both. As Stevens said,

"The military commission at issue is not expressly authorized by any congressional act," The tribunals, he said, "must be understood to incorporate at least the barest of those trial protections that have been recognized by customary international law."

"In undertaking to try Hamdan and subject him to criminal punishment, the executive (Bush) is bound to comply with the rule of law that prevails in this jurisdiction."


UPDATE - Damn, Tony, and I had the Jameson out, too.

"Justice Clarence Thomas wrote a strongly worded dissent, saying the court's decision would "sorely hamper the president's ability to confront and defeat a new and deadly enemy."
The court's willingness, Thomas said, "to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous."
Justices Antonin Scalia and Samuel Alito also filed dissents."

And Clarence is still a dunce.

 

I understand Thomas' stance in trying to suppor the administration, but his first priority is to uphold the law, and it just does not seem that the government's desire to "protect" its citizens allows it to overturn laws at its whim.

 

He's not even trying any more.