One Vote Away from Tyranny

Virginia Sloan, president of the Constitution Project, calls the Supreme Court's 5-4 squeaker affirming the right of Guantanamo detainees to challenge their imprisonment a "tremendous victory."

I call it an embarrassment and an alarmingly narrow escape.

The first recorded use of habeas corpus to challenge the legality of a prisoner's detainment stretches all the way back to 1305, and other, unrecorded uses of the principle likely pre-date the Magna Carta in 1215.

And all these centuries later, Americans in the land of the free are still struggling with the concept?

In 2004, the Supreme Court ruled against the administration's claimed right to deny prisoners in Guantanamo their habeas corpus protections. In response, the cowards in Congress added an amendment to the Detainee Treatment Act to deny US courts jurisdiction to hear the habeas corpus claims of Guantanamo prisoners.

This week's Supreme Court decision has finally put the constitutionality of the right of habeas corpus to rest — at least for a while — but not the controversy.

John McCain called the decision upholding this centuries-old legal principle "one of the worst decisions in the history of this country."

Maybe McCain is older than we think. Maybe he fondly remembers the good old days back in the 12th and 13th centuries when a government could lock folks up without giving them or their families a solid reason why.

For this reason alone, we shouldn't let this man anywhere near the White House.

Comments

It's horrible beyond belief, and very possible with current fascist technology to install this nightmare.

You're right, Nolo. People who say it can't happen here are kidding themselves. And technology will make the job that much easier.

That's a good enough reason for me, though I wasn't actually in need of one. Do you know who the swing vote was?

NYC Ed, I hear you. ;-)

They voted like this:

Upholding habeas corpus - Breyer, Ginsburg, Souter, Stevens, Kennedy.

Against - Thomas, Roberts, Scalia, Alito.

Australia's David Hicks could use this to clear his dubious guilty plea. He won't, he will not even discuss the affair.
He is scared shitless that if he says the wrong thing they will drag him back to whatever nightmare they visited on him in Gitmo.

Cart, if I were him, I'd keep quiet about the whole thing too - at least until after the criminals in the WH crawl back under their respective rocks in January.

Another reason to keep McCain away from the White House: Supreme Court Justices.

If he wins the election, its almost a guarantee that another conservative will be appointed to the bench. Habeas corpus may not survive another Republican administration.

Very true, Kathy. And that's not all another Republican admin would do away with thru SC appointments.

But honestly, I can't see McCain winning. No way no how.


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