Today I read excerpts of the worst decision I have ever seen from the US Supreme Court, the Boumedienne case which, under Justice Kennedy, gives enemy terrorists of the USA the rights to habeus corpus in domestic courts for the first time in our history, supposedly because (among other reasons) the war against terror has gone on a very long time!
This is unheard of in any Common Law jurisprudence and goes against well established earlier Supreme Court cases and precedent concerning aliens making war on the united States. It is a stunning blow against the US military and the safety of Americans, and a ghastly mainstreaming of terrorists , and by extension even foreign armed forces, into the heart of US civilian courts.
There is a far finer take on this terrible decision here at the NRO which makes sobering reading. My jaw dropped and my heart ached as I read this mystical extension of the US Constitution to cover those who have plotted and executed attacks upon us from foreign countries where they were captured. As Justice Scalia said in dissent, the decision, " sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner."
As has been said, no great power is ever defeated from without, without first defeating itself from within. As for Justice Kennedy, I never thought I would say this about a Supreme Court member, but the only remedy is his impeachment, which sadly will never happen.
This is unheard of in any Common Law jurisprudence and goes against well established earlier Supreme Court cases and precedent concerning aliens making war on the united States. It is a stunning blow against the US military and the safety of Americans, and a ghastly mainstreaming of terrorists , and by extension even foreign armed forces, into the heart of US civilian courts.
There is a far finer take on this terrible decision here at the NRO which makes sobering reading. My jaw dropped and my heart ached as I read this mystical extension of the US Constitution to cover those who have plotted and executed attacks upon us from foreign countries where they were captured. As Justice Scalia said in dissent, the decision, " sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner."
As has been said, no great power is ever defeated from without, without first defeating itself from within. As for Justice Kennedy, I never thought I would say this about a Supreme Court member, but the only remedy is his impeachment, which sadly will never happen.
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