Thursday, June 29, 2006
Our Dear Embattled Leader dissed by the Supremes
At least by the actual legal scholars on the court. The outcome was 5-3 with the Dread Chief Justice Roberts sitting out as a result of his earlier decision. So he had to watch his scurvy crew of Scalia, Alito and the Cabin Boy Thomas, go down in defeat.
The Supreme Court today delivered a sweeping rebuke to the Bush administration, ruling that it exceeded its authority by creating tribunals for terror suspects that fell short of the legal protections that Congress has traditionally required in military courts.So Congress can still sell the Constitution down the river if it chooses. That is why you have to Remember in November.
As a result, the court said in a 5-to-3 ruling, the tribunals violated both American military law and the military's obligations under the Geneva Conventions.
The court ruled two years ago that Congress had not given the executive branch a "blank check" in the war on terror. But today's ruling, written by Justice John Paul Stevens, was the first to address the standards that should apply to suspects held in what has become a prolonged struggle.
It was also the most significant rebuff to date to President Bush's effort to expand presidential power in the course of waging that struggle. And the reasoning adopted by the majority called into question the justification Mr. Bush has used for other programs that have come under Congressional scrutiny, like the warrantless wiretapping conducted by the National Security Agency. In a concurring opinion, Justice Anthony M. Kennedy said the administration had failed to prove a "practical need" that would justify trying the detainees in courts that provided a lesser standard of justice without seeking authorization from Congress.
Subscribe to Posts [Atom]
Post a Comment