New Supreme Court Ruling: Gitmo Detainees Have Constitutional Rights

Discussion in 'Et Cetera, Et Cetera' started by jason_els, Jun 12, 2008.

  1. jason_els

    jason_els <img border="0" src="/images/badges/gold_member.gi

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    This is a huge loss for the Bush White House and further undermines the legitimacy of the so-called Patriot Act. This is one of the reasons why appointing a very conservative court doesn't always work for neocons. Our constitution is not based upon the principles of fascism so alarmingly embraced by the neocons and conservative court members will stick to the letter of the law whether the neocons like it or not.

    Hoisted by their own petard:

     
  2. Industrialsize

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    Score one for Democracy.........what has been going on at Gitmo is a National Shame
     
  3. lucky8

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    Only 80 men? Shouldn't they be trying all 270? Bush is so lucky Cheney is his back-up...
     
  4. dong20

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    I'm not sure it's score one for democracy, (unless you meant democracy on the bench?), but I agree with the sentiment, it's a long overdue ruling, though (sadly) a marginal one.

    I noticed the 'possibility' of ordering release for some, though I wonder if this ruling will actually change very much for most prisoners, in the immediate future anyway. One in the eye for the Bush whitehouse, though.
     
  5. HazelGod

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    Don't kid yourself for a moment into believing luck played any role in it.

    While it's true this ruling is something of a defeat for the positions long held by GWB and his conspirators, I prefer to think of it as a win for our nation and its citizens.

    True, but any public, official, and final castigation of this administration is more than welcome.
     
  6. midlifebear

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    Just caught news of this on the BBC. They had a great sound bite of Judge Scalia ranting that 'Mericuh would rue the day this decision was made. And how many of us rue the day(s) that Scalia and the "astute" Thomas were appointed to the club of nine?
     
  7. DC_DEEP

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    Actually, jason, it was the neocon appointees who wrote the dissenting opinion. They were just (barely) outnumbered by moderate judges who choose law over alarm. I believe the 4 dissenting justices were Roberts, Scalia, Thomas, and Alito - the ones you can usually count on to vote along party lines, rather than along Constitutional lines.

    It is frightening that the scalia scumbag consistently asserts that everyone, regardless of citizenship, is accountable to US law, but not even US citizens are afforded constitutional protections. He should be impeached; he should have been impeached years ago. His political ties and allegiances to cheney prove that he is unworthy of the bench.
     
  8. WifeOfBath

    WifeOfBath New Member

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    Thank fucking God. It's about time-- though I don't know if it's enough.
     
  9. tripod

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    The right wing is shocked and would like to have Kennedy's head on a platter.
     
  10. Bbucko

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    My biggest question: What took so long?
     
  11. sargon20

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    Another 5-4 ruling with Kennedy being the deciding vote. Let this be a warning that so much more than just the presidency is at stake come November. If McCain is elected he will most certainly stack the court with neos and the nation will be catapulted BACKWARDS in time. You will see no more 5-4 rulings. Scumbag Scalia and his kind will rule the court for another 20-25 years.
     
  12. lucky8

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    Lol, yea, I guess I should have just flat out said "assassination insurance"
     
  13. D_Fiona_Farvel

    D_Fiona_Farvel Account Disabled

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    I very much approve of this ruling. If the U.S. legal system works, we shouldn't have to set up kangaroo courts to convict.

    The fact that there have been nearly 1,000 people detained (only Gitmo, not domestic or international detainees) over the years and we are only bringing 80 or less to trial shows there is something very wrong with the system in place. At best, that will literally be a <10% conviction rate of accused. *shakes head*

    Now what happens when some of the people who were innocent return home, or wherever someone will take them, having years robbed from their lives, tortured, and suffering from the after affects of this ordeal? :rolleyes:
     
  14. jason_els

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    The Republicans are furious! Senator Graham (thank you South Carolina for yet again sending a fascist to the Senate) wants to amend the constitution to eliminate habeus corpus:

     
    #14 jason_els, Jun 12, 2008
    Last edited: Jun 12, 2008
  15. DC_DEEP

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    I'm glad someone besides me actually sees what the real power of the presidency is... not within the office itself, but within presidential appointees. And those are many. And some are for life.

    You think there will be any tooth in the ruling? You think the court will say "charge 'em and try 'em, or release 'em!"???

    There will be no consequences for the gross disregard for, and violation of, the law by this administration.

    And no consequences means no deterrent, right? They will keep on with the status quo, until someone actually is held accountable and damages are awarded.
     
  16. hrdsmooth1

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    For those interested, the full text of the opinion can be found at http://supremecourtus.gov/opinions/07pdf/06-1195.pdf and the Scalia dissent begins at page 110 of the 134 page opinion. Scalia comes off as hysterical (not the funny kind). He has cited, among others, the Washington Post as authority for some of his "description of the disastrous consequences" of the majority decision. So much for legal cites. He is obviously displeased that the Bush White House has taken a third punch to the gut on its reading of the Constitution. Perhaps he should "just get over it."
     
  17. jason_els

    jason_els <img border="0" src="/images/badges/gold_member.gi

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    I'm shocked they ruled against it because that's not a truly conservative interpretation. My mistake. Scalia is a tool and Thomas is no better. I'm sure I'll come to hate Alito as much in good time. Let's hope Stephens can make it until January. I am so sorry O'Connor left the court when she did. She made a great moderate.
     
  18. jason_els

    jason_els <img border="0" src="/images/badges/gold_member.gi

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    Gee... let's hope it doesn't give him a coronary :mischievous:.
     
  19. D_Fiona_Farvel

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    No, for this administration it is definitely a paper tiger. There just isn't a respect for the law, or rather, the executive office is believed to set laws and standards - very Hobbesian. However, I do see the benefit in this ruling. While not a righting of the ship in terms of checks and balances, and a stance taken far too late, I welcome the ruling and the apparent return of some good sense.
     
  20. Notaguru2

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    The hits keep coming don't they? Is it November yet?
     
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