Esoteric Dissertations from a One-Track Mind

June 13, 2008

Supreme Court Restores Habeas Corpus

Filed under: culture, politics — Tags: , , , — codesmithy @ 8:59 am

Glenn Greenwald, former constitutional lawyer, has a piece on the U.S. Supreme Court ruling that struck down part of the military commissions act and restores some semblance of Habeas Corpus.  The ruling was 5-4.  The four dissenters were Antonin Scalia, Clarence Thomas, John Roberts and Sam Alito. As happy as I am to see one of the major institutions uphold some of the basic values and principles of our government, however limited it may be, the score is also important 5-4.  That is how close we are: one justice.  We are one justice away from an unquestioned unitary executive.  One justice away from a president being able to throw a person in jail and throw away the key.

As Greenwald notes, McCain has promised to appoint justices in the mold of Roberts and Alito.  Despite McCain’s flip-flopping nature, along with his obvious stay in Iraq stance, and proclivity to start a war with Iran, I have no doubt this is one campaign promise he would keep.

In a sane world, this decision would used to impeach the four supreme justices who dissented.  We don’t live in a sane world, and we are standing at the brink of a much darker one.

Dahlia Lathwick has more at Slate.

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1 Comment »

  1. […] other than fascist.  Back in February, I thought the word was too much of a distraction.  However, as the 5-4 decision to restore Habeas Corpus demonstrates, we are only hanging on by a thre….  5-4, think about what that means.  Four judges on the Supreme Court endorse the notion that the […]

    Pingback by FISA: Not This Again « Esoteric Dissertations from a One-Track Mind — June 18, 2008 @ 8:42 am


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