June 17, 2008

The WSJ Nails The Gitmo Decision

Read the whole thing  An exerpt: 

The 5-4 ruling is judicial imperialism of the highest order.

Boumediene should finally put to rest the popular myth that right-wing conservatives dominate the Supreme Court. Academics used to complain about the Rehnquist Court's "activism" for striking down minor federal laws on issues such as whether states are immune from damage lawsuits, or if Congress could ban handguns in school. Justice Anthony Kennedy -- joined by the liberal bloc of Justices John Paul Stevens, David Souter, Ruth Ginsburg and Stephen Breyer -- saves his claims of judicial supremacy for the truly momentous: striking down a wartime statute, agreed upon by the president and large majorities of Congress, while hostilities are ongoing, no less.

Posted at 08:54 AM | Comments (16) | Add Comment
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1

It would appear that law schools, like many other areas within colleges and universities in America, are informing their students that, in actuality, they are above the law.  Thus, lawyers and judges merely use the law to achieve their own ends, vice that which the rest of us (see the Constitution) want.

Were I a more strict constructionist, I would believe it would be my duty to march into the Supreme Court and take the offending justices into custody.  I recall my oath states that I will protect the Constitution against all enemies, foreign and domestic.  Does it not appear that some justices are, in fact, enemies of our Constitution?

Posted by: Tad at Tuesday, June 17 2008 09:26 AM (Ltt8o)

2 Yes, well . . . back to the Blackmun court.  The Constitution says what the Supreme Court says that it says; if they are a bunch of reformist socialists, so goes the Nation.  Now can you imagine what kind of justice Osama will appoint?  Gad.

Posted by: Mustang at Tuesday, June 17 2008 03:41 PM (BFb1r)

3

Mustang, glance back to see how an Obama justice would look. 

Posted by: Woody at Wednesday, June 18 2008 11:50 AM (Eb/8J)

4 This calls for a Lincolnesque response, as in shredding Dred Scott.  It was right then, and it would be right now.

Posted by: Cappy at Thursday, June 19 2008 06:08 PM (MTGdd)

5 Guy, your rant on this subject would be more acceptable if you had complained about judicial activism in 2000, when the supremes trampled all over states rights.
So....rule FOR the right and you are magnificently conservative and a strict constitutionalist, Make a ruling that doesn't please the far right wing, and they are as said in this posting and other comments posted here.

Posted by: James S. Melbert at Tuesday, June 24 2008 11:11 AM (4TmS7)

6

Jimmy, reverse that and make a ruling that pleases the left and they are supporters of a living constitution.  Make a ruling that doesn't please the far left wing and they are right wing fascists. 

Do you have trouble acknowledging that it depends on which lens you view this through?  How about this: 

"It is as though the Boumediene majority somehow does not believe any of this has anything to do with, well, war and, to the extent that it is about war, the Court seems to be marking out a long-term trajectory of forcing a reconception of war, even combat, as a form of police work. . . . although the Court wants, as the chief justice said, control over federal enemy combatant policy, it does not want to be accountable for it."  ...  Professor Kenneth Anderson

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