 |
|
06/13/08
|
 |
| + Enlarge |
|
The US Supreme Court granted constitutional rights to terrorists on Thursday, June 12, 2008. |
In a 5-4 vote in the case of Boumediene v. Bush, the liberal part of the Supreme Court in a decision by Justice Kennedy explicitly recognized that for the first time in history they were granting the constitutional right of habeas corpus to non-US citizens, which in effect means the US Constitution applies worldwide now. Justice Kennedy was joined by Justices Souter, Ginsburg, Breyer, and Stevens.
In dissent and in unusually vehement language, Justice Scalia just about accused the majority of killing Americans. In fact, he did predict that the opinion would lead to the deaths of Americans.
In the process the Supreme Court struck down the military commission system and opened the US civil court system to individuals accused of terrorism, while guaranteeing them rights to counsel and most of the rest of the Bill of Rights.
This is a stunning attempt by the Supreme Court to assert itself during the course of a war to override the other two branches of government, which had negotiated out a system to try those at Guantanamo Bay. This heralds an end to the "War on Terror," as now it will likely become war between the lawyers.
The Supreme Court did leave one avenue for Congress that would prevent them from having to release a bunch of terrorists wholesale: they can suspend the writ of habeas corpus. Of course, seeing the historical support for the current Democratic majority more concerned over the rights of people trying to kill American soldiers than over the rights of said soldiers, that is not likely to occur.
Predictions are already flying that more deaths will come, since it's an established fact that many of the people detained in Guantanamo that were released have gone back to fighting the United States. Expect more of this soon and more Americans killed.
Of course, the outrage over this ruling may be dwarfed if the Supreme Court takes away the Second Amendment as well later this month.
|
|
