Create an Account
username: password:
 
  MemeStreams Logo

The Volokh Conspiracy - BREAKING - Gov't Loses Boumediene 5-4:

search

Decius
Picture of Decius
Decius's Pics
My Blog
My Profile
My Audience
My Sources
Send Me a Message

sponsored links

Decius's topics
Arts
  Literature
   Sci-Fi/Fantasy Literature
  Movies
   Sci-Fi/Fantasy Films
  Music
   Electronic Music
Business
  Finance & Accounting
  Tech Industry
  Telecom Industry
  Management
  Markets & Investing
Games
Health and Wellness
Home and Garden
  Parenting
Miscellaneous
  Humor
  MemeStreams
Current Events
  War on Terrorism
Recreation
  Cars and Trucks
  Travel
Local Information
  United States
   SF Bay Area
    SF Bay Area News
Science
  Biology
  History
  Math
  Nano Tech
  Physics
Society
  Economics
  Politics and Law
   Civil Liberties
    Internet Civil Liberties
    Surveillance
   Intellectual Property
  Media
   Blogging
Sports
Technology
  Computer Security
  Macintosh
  Spam
  High Tech Developments

support us

Get MemeStreams Stuff!


 
The Volokh Conspiracy - BREAKING - Gov't Loses Boumediene 5-4:
Topic: Politics and Law 1:18 pm EDT, Jun 12, 2008

Although the United States has maintained complete and uninterrupted control of Guantanamo for over 100 years, the Government’s view is that the Constitution has no effect there, at least as to noncitizens, because the United States disclaimed formal sovereignty in its 1903 lease with Cuba. The Nation’s
basic charter cannot be contracted away like this. The Constitution grants Congress and the President the power to acquire, dispose of, and govern territory, not the power to decide when and where its terms apply.

The Supreme Court has ruled that Habeas applies in Gitmo... The Military Commissions Act was unconstitutional because it did not provide an adequate process for detainees. This mostly means there will be more hearings to determine what sort of legal process is required. The right is likely to likely to blow their collective top on this. Scalia starts things off in his dissent:

[This decision] will almost certainly cause more Americans to be killed... The Nation will live to regret what the Court has done today. I dissent.

In general these judges "respectfully dissent" as Roberts did...

The Volokh Conspiracy - BREAKING - Gov't Loses Boumediene 5-4:



 
 
Powered By Industrial Memetics
RSS2.0