"...everyone is bored,and devotes himself to cultivating habits..these habits are not peculiar to our town.." Albert Camus "The Plague"

Friday, June 13, 2008

Treachery 5, Rule of Law 4: Defeat for the Nation....

Making law from the bench, five out of control, radical leftist Supreme Court justices* ignored the constitution and precedent to allow overseas detained terrorists, "unlawful enemy combatants",access to civilian courts here at home. Never before in our history as a nation have prisoners of war been entitled to constitutional protections. Constitutional scholar, and one of our best legal minds, Mark Levin has this to say about the tragic decision:
"....what was once considered inconceivable is now compelled by the Constitution, or so five justices have ruled. I fear for my country. I really do. And AP, among others, reports this story as a defeat for "the Bush administration." Really? I see it as a defeat for the nation."

I am publishing the entire Levin piece below; it is deserving of a wide audience.
The Gitmo Defeat [Mark R. Levin]

While I am still reviewing the 5-4 decision written by Anthony Kennedy, apparently giving GITMO detainees access to our civilian courts, at the outset I am left to wonder whether all POWs will now have access to our civilian courts? After all, you would think lawful enemy combatants have a better claim in this regard than unlawful enemy combatants. And if POWs have access to our civilian courts, how do our courts plan to handle the thousands, if not tens of thousands of cases, that will be brought to them in future conflicts?

It has been the objective of the left-wing bar to fight aspects of this war in our courtrooms, where it knew it would have a decent chance at victory. So complete is the Court's disregard for the Constitution and even its own precedent now that anything is possible. And what was once considered inconceivable is now compelled by the Constitution, or so five justices have ruled. I fear for my country. I really do. And AP, among others, reports this story as a defeat for "the Bush administration." Really? I see it as a defeat for the nation.

UPDATE: The 5-4 GITMO decision brings to the front, yet again, John McCain's position on judges versus his own policies. McCain undoubtedly supports the 5-4 decision, yet the justices who voted against it, and argued strenuously against it, are of the kind McCain claims to want on the bench. We have seen the same issue arise respecting campaign finance. This is not to say that McCain won't nominate originalists to the bench. But if he does, he will be nominating to the Court individuals who are better adherents to the Constitution than he is.

Meanwhile, the always predictable Bush hating New York Slimes editorializes today with the heading: Justice 5, Brutality 4!


*Ginsberg,Souter,Kennedy,Stevens & Breyer
This post also appears today at Steady Habits.
Tags: u.s. supreme court,terror detainees,habeas corpus,guantanamo,rule of law,p.o.w's,unlawful enemy combatants

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