Not Good.

by Jill on 6.29.2007 · 9 comments

in Law, SCOTUS, War

The Supreme Court has agreed to hear cases for Guantanamo detainees.

I want the detainees to have their day in court. I want to see the backwards, illogical and dangerous justifications for Guantanamo evaluated and shot down. I want to see Guantanamo shut down, and I want to see our government place enough faith in our justice system to put accused criminals on trial (and to criminally accuse them in the first place).

But this court scares me. They’ve spent the past couple of months demonstrating that they have no qualms about over-turning precedent and taking us back towards the bad old days. I would not be surprised if they held that habeas corpus can be suspended if “national security” is at risk, and that holding prisoners without charges at Guantanamo — outside of the rule of both U.S. and international law — is a valid action in wartime.. I would not be surprised if they issued an opinion that, decades from now, will be held in the same esteem as Korematsu.

I want the Supreme Court to evaluate the Guantanamo issue. But not this court.

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JABbering Stooge :: If I could sum up the Roberts-Scalito Supreme Court in one cartoon: :: June :: 2007
6.30.2007 at 6:28 pm

{ 8 comments }

1 scootermom 6.29.2007 at 4:12 pm

I too have mixed feelings about this one. I have come to the conclusion that the Guantanamo prisoners could actually get some relief from the Supreme Court. Their human rights could actually be recognized and their legal rights respected.

They aren’t women.

2 Jill 6.29.2007 at 4:47 pm

But they are brown. Mostly.

3 Mikhaela Reid 6.29.2007 at 5:21 pm

I feel the same way Jill. I heard the Center for Constitutional Rights just now saying they were optimistic about this, but after the rash of crazy disgusting racist and sexist rulings issued recently, I don’t trust it.

4 Mikhaela Reid 6.29.2007 at 5:26 pm

P.S. As for the Supreme Court’s awful decision yesterday, I already drew up a cartoon and wrote a longish blog post.

5 David Thompson 6.29.2007 at 6:07 pm

I would not be surprised if they held that habeas corpus can be suspended if “national security” is at risk, and that holding prisoners without charges at Guantanamo — outside of the rule of both U.S. and international law — is a valid action in wartime.

So, you’re worried that the Roberts court will overturn the dead letter of ex parte Merryman?

6 ohwilleke 6.29.2007 at 7:07 pm

The decision to take these cases on was originally urged by three liberal justices with Stevens and Kennedy taking a wait and see approach. At this stage it took five justices to take up this case. Dimes to dollars it was Stevens and Kennedy.

A four liberals plus Kennedy coalition is quite likely to rule the right way on this one.

7 noen 6.30.2007 at 12:37 am

They aren’t women.

Actually, some were. There have been women and children at Gitmo and at other US detainment centers. They have been raped, murdered and tortured. And there are photos and video of the same. This has been kept from you by the media but your congress person does know and has seen the material. The US is one of the most heavily censored countries on the Earth.

8 belledame 7.2.2007 at 6:57 pm

it is depressing, isn’t it?

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