June 29, 2006
— Ace Anthony Kennedy. What a guy.
In his own separate opinion, Justice Stephen Breyer said, "Congress has not issued the executive a 'blank check.'"
"Indeed, Congress has denied the president the legislative authority to create military commissions of the kind at issue here. Nothing prevents the president from returning to Congress to seek the authority he believes necessary," Breyer wrote.
This basically tells us to take no prisoners. Enemy combatants are to be given no quarter.
More dead terrorists makes kittens happy.
Posted by: krakatoa at June 29, 2006 08:23 AM (gx/Pf)
Not how the media is spinning it, of course.
BTW, you're a law-talking kind of guy, Ace-- tell me what this all means WRT the Geneva Conventions. At first glance, it reads to me like the Court believes we're party to a treaty with Al Qaeda and/or Al Qaeda is a signatory to the Geneva Conventions.
I can understand the military tribunals not complying with U.S. *military* law, but why would they have to comply with the Geneva Conventions when Al Qaeda doesn't qualify as a protected enemy under its definitions?
Madness lies this way. It's like SCOTUS snuck in some Necronomicon passages into their opinion today, just to mess with right-thinking heads.
Dave at Garfield Ridge
Posted by: Dave at Garfield Ridge at June 29, 2006 08:26 AM (4P9aC)
Anthony Kennedy: Willing to sacrifice a few American lives** in order to preserve our system of laws. After all, it's not clear the guys we picked up in Afghanistan with RPGs were actually bad guys. Probably just returning the weapons under some buy-back program.
**Except when the defendant has been rightly charged with a crime they, you know, actually committed but where the defendant is either A) mentally retarded or B) a juvenile.
Then we can't sacrifice those lives. 'Cause that would violate international *ahem* law.
Posted by: Birkel at June 29, 2006 08:31 AM (KAPYU)
Nothing would become Stevens so much as to announce that he is retiring. NOW.
Karl Rove just got handed a Louisville Slugger the size of Texas to beat the Democrats with from now until election day.
Posted by: Harry Callahan at June 29, 2006 08:32 AM (Xroyb)
Posted by: Scott at June 29, 2006 08:34 AM (f8958)
Let's execute the Gitmo detainees and be done with it.
Posted by: Reddish Jode at June 29, 2006 08:39 AM (KeOQp)
Truly, she chewed me pretty thoroughly on this point and I'm still incredulous that the court could disregard the plain text of the convention and say that stateless actors and effectively criminals should be treated as EPWs. Does this mean that robbers and rapists qualify for GC protection? I don't know about you guys, but anal rape in prison would seem to be against the human dignity of the prisoner. And what about their scientific equipment needs?
This decision is just incoherent IMHO.
Posted by: Toby928 at June 29, 2006 08:44 AM (ATbKm)
Posted by: spurwing plover at June 29, 2006 08:45 AM (vnSBY)
Let's execute the Gitmo detainees and be done with it.
I agree getmo was a bad idea to begin with. Summary execution on the battlefield should have always been the standard.
Posted by: jones at June 29, 2006 08:47 AM (lJUwT)
MARINE: "Where's your uniform?"
Mooji: "My what?"
Posted by: TC@LeatherPenguin at June 29, 2006 08:50 AM (kd/kM)
Court has entered into a treaty with a foreign, non-governmental entity.
The constitution expressly gives this authority to the President and congress.
Also this sets up a constitutional crisis because congress
passed the Detainee Treatment act which expressly
said that no court, justice or judge shall have jurisdiction to hear or consider
`(1) an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantanamo Bay, Cuba; or
`(2) any other action against the United States or its agents relating to any aspect of the detention by the Department of Defense of an alien at Guantanamo Bay, Cuba, who--
`(A) is currently in military custody; or
`(B) has been determined by the United States Court of Appeals for the District of Columbia Circuit in accordance with the procedures set forth in section 1005(e) of the Detainee Treatment Act of 2005 to have been properly detained as an enemy combatant.'
I believe the president should follow the actions of Andrew Jackson and tell
Justice Stevens to stick it were the sun don’t shine.
Posted by: Radical Centrist at June 29, 2006 09:01 AM (iWRYt)
Posted by: Bubba at June 29, 2006 09:06 AM (iU+uF)
This is going to be fun, watching the poltroon congressional Democrats. They'll have to either (a) argue for the expansion of civil rights for Al-Qaeda terrorists who have sworn to kill us or (b) meekly vote Bush's way, which will then set off their Kos/DU base into a howling, screaming agony fit. Either way, we win. Fun times ahead, folks.
Posted by: OregonMuse at June 29, 2006 09:06 AM (UXBVD)
Posted by: Krondor at June 29, 2006 09:08 AM (UMaIO)
Posted by: Tushar D at June 29, 2006 09:27 AM (h76y6)
SC appointments. One of the most important thing a President will ever do.
Posted by: roc ingersol at June 29, 2006 09:35 AM (m2CN7)
I would also like to see Bush go to Congress, tomorrow if not sooner and ask for Congressional approval. Put the Dem's on the spot just like the Iraq pull out votes.
Posted by: JackStraw at June 29, 2006 09:40 AM (J8+2b)
Wow. Nancy Pelosi wouldn't know the rule of law if it showed up in her weekly Botox and Virgin's blood gift basket delivery. By all means, Nancy, let's cheer yet another gross Supreme Court overreaching, especially when it's another knife between the shoulder blades of the war effort. I'm glad to know where you stand on this, it was so vague before.
Posted by: UGAdawg at June 29, 2006 09:58 AM (9DumO)
Posted by: The Machine at June 29, 2006 10:16 AM (L/jMX)
Posted by: ErikW at June 29, 2006 10:24 AM (0m1lu)
Posted by: ErikW at June 29, 2006 10:27 AM (0m1lu)
Posted by: LarryLion at June 29, 2006 10:33 AM (rK4rF)
Posted by: NCVOL at June 29, 2006 11:47 AM (py/jP)
Posted by: Michael Andreyakovich at June 29, 2006 12:01 PM (9pkhB)
Posted by: Christopher Taylor at June 29, 2006 12:42 PM (Pwzb0)
The problem is people are so sketchy about the constitution and what it says that they might be outraged by the President asserting this.
Posted by: Christopher Taylor at June 29, 2006 01:48 PM (Pwzb0)
By the Geneva convention, these are illegal combatants and spies. They can be shot whenever you want, not just at the time of capture.
Ask the Germans who dressed in GI uniforms to mess up traffic at the Battle of the Bulge.
Posted by: Oldcat at June 29, 2006 03:14 PM (z1N6a)
Posted by: Steve O at June 29, 2006 04:38 PM (R0Csm)
Posted by: spurwing plover at June 29, 2006 05:52 PM (UdEnh)
Posted by: Christopher Taylor at June 29, 2006 07:19 PM (Pwzb0)
Posted by: xuefei at May 04, 2011 03:16 AM (Gp2dj)
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