High Court Rejects Detainee Tribunals
5 to 3 Ruling Curbs President's Claim Of Wartime Power
[...]
Nazi Youth John Roberts didn't vote. He already ruled in favor of torture and illegal detention while he was on the lower appeals court panel.
The ruling shifts the spotlight to Congress, whose members face reelection this fall and who have largely avoided the military commission issue since the Sept. 11, 2001, attacks because of its political uncertainties. The invitation for the president to turn to Congress was extended in a short concurring opinion by one of the justices in the majority, Stephen G. Breyer, who made it clear that the concerns of critics had penetrated deeply at the court.
"Where, as here, no emergency prevents consultation with Congress, judicial insistence upon that consultation does not weaken our Nation's ability to deal with danger. To the contrary, that insistence strengthens the Nation's ability to determine -- through democratic means -- how best to do so," Breyer wrote.
"The Constitution places its faith in those democratic means," Breyer concluded. "Our Court today simply does the same."
Joining Stevens and Breyer in the majority were Justices Anthony M. Kennedy, David H. Souter and Ruth Bader Ginsburg.
[...]
Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. dissented. Chief Justice John G. Roberts Jr. did not participate because he served on the three-judge appeals court panel whose ruling upholding the commissions was under review.
Scalia and Thomas read their dissents from the bench, a demonstration of their strong disapproval of the court's decision. Scalia argued that the court should have stayed out of the case because of a law Congress passed late last year circumscribing the appeal rights of military commission defendants.
Thomas said the majority "openly flouts our well-established duty to respect the Executive's judgment in matters of military operations and foreign affairs."
[....]
Thomas must be reading a different constitution than the one the rest of us are reading. No where in the Constitution I'm reading does it say all branches of government must abdicate their functions to the shoe horned in with Diebold and supreme court appointments boy king when he makes up a war of aggression.
Of course, and we all know why Clarence Thomas is on the court. Affirmative action for misogynist, self loathing African Americans who want to punish their people, especially women. And Scalia is demonstrably insane from unchecked narcissism, while Alito is, of course, just another disgusting and inappropriate Bush appointee, picked for the job because he is so partisan and rigid he is willing to sell democracy down the river to keep his corporate masters happy.
And it isn't over. Given the current make up of congress we could see serious detrimental chanmegs to out laws in mere months.
[...]
Nazi Youth John Roberts didn't vote. He already ruled in favor of torture and illegal detention while he was on the lower appeals court panel.
The ruling shifts the spotlight to Congress, whose members face reelection this fall and who have largely avoided the military commission issue since the Sept. 11, 2001, attacks because of its political uncertainties. The invitation for the president to turn to Congress was extended in a short concurring opinion by one of the justices in the majority, Stephen G. Breyer, who made it clear that the concerns of critics had penetrated deeply at the court.
"Where, as here, no emergency prevents consultation with Congress, judicial insistence upon that consultation does not weaken our Nation's ability to deal with danger. To the contrary, that insistence strengthens the Nation's ability to determine -- through democratic means -- how best to do so," Breyer wrote.
"The Constitution places its faith in those democratic means," Breyer concluded. "Our Court today simply does the same."
Joining Stevens and Breyer in the majority were Justices Anthony M. Kennedy, David H. Souter and Ruth Bader Ginsburg.
[...]
Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. dissented. Chief Justice John G. Roberts Jr. did not participate because he served on the three-judge appeals court panel whose ruling upholding the commissions was under review.
Scalia and Thomas read their dissents from the bench, a demonstration of their strong disapproval of the court's decision. Scalia argued that the court should have stayed out of the case because of a law Congress passed late last year circumscribing the appeal rights of military commission defendants.
Thomas said the majority "openly flouts our well-established duty to respect the Executive's judgment in matters of military operations and foreign affairs."
[....]
Thomas must be reading a different constitution than the one the rest of us are reading. No where in the Constitution I'm reading does it say all branches of government must abdicate their functions to the shoe horned in with Diebold and supreme court appointments boy king when he makes up a war of aggression.
Of course, and we all know why Clarence Thomas is on the court. Affirmative action for misogynist, self loathing African Americans who want to punish their people, especially women. And Scalia is demonstrably insane from unchecked narcissism, while Alito is, of course, just another disgusting and inappropriate Bush appointee, picked for the job because he is so partisan and rigid he is willing to sell democracy down the river to keep his corporate masters happy.
And it isn't over. Given the current make up of congress we could see serious detrimental chanmegs to out laws in mere months.
posted by TheFuriousGourmet | 5:49 AM
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