DISQUS

AMERICAblog: Supreme Court says Gitmo detainees have right to challenge their detention in US courts

  • KerrynowCampau · 1 year ago
    Great news!
  • News Nag · 1 year ago
    Did anyone else notice that the dissenters used arguments that were NOT legal arguments but instead were emotional and even paranoid pleas to circumvent the Constitution, arguments that are anti-democratic in nature and that pander to fears rather than rational discussion?

    This is especially evident given the revelations through the last several years that the vast majority of prisoners at Guantanamo are not terrorists or were not even combatants, but instead were innocent people turned in either as straight monetary transaction rewards or personal vendettas in local feuds.

    Roberts, Alito, Scalia, and Thomas are emotional, quasi-paranoid, and anti-democratic fearmongers. Some strict constructionists, this outlaw gang of four, these radical activists in sheep's robes!

    Thank you, Justice Anthony Kennedy.
  • BLOGGING BITCH! · 1 year ago
    All this tells me is that those signing statements weren't legal and Pelosi didn't question it........

    well, that and Scalia, Alito and Roberts suck.
  • BLOGGING BITCH! · 1 year ago
    How can it be Constitutional to imprison members of other nations on the authority of the POTUS?

    Who the fuck is he? So much for being a warden.
  • BLOGGING BITCH! · 1 year ago
    I know it's OT, but John McCain is old.
  • BLOGGING BITCH! · 1 year ago
    Maybe it was as entirely legal illegal detention.
  • Indigo · 1 year ago
    The WaPo continues the story by reporting that . . . Chief Justice Roberts said the majority had struck down “the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.”
    I don't figure how John Roberts came to that conclusion without putting on his Backwards Hat.
  • Soundboy_jeff_meanie · 1 year ago
    ahh... see, its semantics.

    we've never held 'enemy combatants' before 9/11... we had POW's. there's a difference, according to chimpco. And chimpco wrote the book (literally) on dealing with 'enemy combatants'.

    I guess the torture guidelines are the 'procedural protections' he's talking about.
  • Indigo · 1 year ago
    Exactly, that's the Backwards Hat. Dumbledore never mentioned it outloud.
  • bumpkis · 1 year ago
    Wasn't there some questions concerning perjury during Roberts confirmation hearings? Would a DEM controlled DOJ look into this?
  • Webster · 1 year ago
    Bush is in Europe telling people that we're the good guys. Maybe this will reinforce it while the Europeans watch Bush get bitch-slapped for a change. Maybe Pope Ratzo will detain him in a Vatican dungeon, suspend his rights and then turn him over to the Hague. I can dream, can't I?
  • ComradeRutherford · 1 year ago
    Oh, yeah. I almost forgot that the Pope was a good-standing member in the Nazi Youth.
  • KerrynowCampau · 1 year ago
    Scalia scares the crap out of me.
  • Soundboy_jeff_meanie · 1 year ago
    Scalia said the nation is "at war with radical Islamists" and that the court's decision "will make the war harder on us. It will almost certainly cause more Americans to be killed."
    ---

    So... essentially... we've got a Supreme Court member who has no faith in the American justice system or our Constitution.
  • bumpkis · 1 year ago
    http://www.dissidentvoice.org/2007/07/judicial-...

    Testifying under oath before the Senate Judiciary Committee, Roberts and Alito both promised to decide cases as “umpires,” without “agendas” or “any preferred outcome in any particular case.” And they said they would be guided by precedent: stare decisis. They lied, of course, as is evident in their recent decisions. Unfortunately, since their rulings are open to endless interpretation, charges of perjury will likely lead nowhere.

    In view of their few rulings to date (and I fear, far worse to come), it appears that the five controlling justices (Roberts, Alito, Kennedy, Scalia and Thomas) do not see themselves as the guardians of established law and the Constitution. They are activists, championing the agenda of the mega-corporations and the religious right, at the expense of the rights of minorities, the poor, and ordinary individual citizens. They are, in short, the judicial exemplars of Bush-Cheney Inc.
  • bluestockton · 1 year ago
    Too bad Scalia doesn't have to worry along with the rest of us about losing his health insurance. Maybe he'd understand this analogy: the Constitution is like insurance. When you don't need it, you can buy it, but when you do, you can't. That's why we have to be able ANY time to trust that we have it.
  • jr · 1 year ago
    "Roberts is a moderate"-cable news
  • Soundboy_jeff_meanie · 1 year ago
    what exactly IS a moderate neocon?

    .
  • Indigo · 1 year ago
    Roberts is a member/fellow traveler of Opus Dei, and therefore defined as a moderate thanks to the influence of Vatican politics.
  • Soundboy_jeff_meanie · 1 year ago
    egad! since when are Vatican politics considered 'moderate'??

    maybe shortly after the crusades when there wasn't anyone left alive to challenge those policies?

    did I mention I'm a recovering Catholic?
  • Indigo · 1 year ago
    um . . . I was making a bad joke?
  • JakeWalker · 1 year ago
    In fairness to Scalia, he had a 30 page dissent, which did include legal arguments (in addition to the quotes you mentioned). He even acknowledged that it was odd for him to write in such a way.

    You may think his legal arguments are wrong, but it's unfair to say he didn't make legal arguments.
  • Aanya · 1 year ago
    John, is there a legal way to remove these justices before they retire. Is it possible to put term limits in, or does a President have any Constitutional right to request a resignation from any of them? Also, can a President Obama appoint a brand new Chief Justice, and demote Roberts? This is just way too close for comfort. We don't even have to ask for a breakdown on who voted which way!
  • Bostonian_Queer_in_Dallas · 1 year ago
    Only impeaching them is allowed by the Constitution. Otherwise these assholes are here till death. And they are very young. Obama can balance the court with liberals
  • kirkaracha · 1 year ago
    All of the liberal justices are over retirement age. Roberts is 53. Alito is 58. Thomas is 59. Souter is 68. Breyer is 69. Kennedy is 71. Scalia is 72. Ginsburg is 75. Stevens is 88. The next president will likely replace several Supreme Court justices.
  • michaelt · 1 year ago
    sad that this even has to be debated.
  • Bostonian_Queer_in_Dallas · 1 year ago
    And this, my fellow Murikans, is why this election is about the future of the next 100 yrs in this nation. If racist America decides that skin color is all that counts, which the GOP is going to try hard to make happen, you can be sure the SCOTUS will devastate ANY civil rights or ANY progress made since 1950. Stop worrying about "American Idol" and see what could happen.
  • Soundboy_jeff_meanie · 1 year ago
    Ick... American Idol makes me ill.

    ... now, LOST? yeah, I'm hooked... just sayin'

    ;-)
  • Bostonian_Queer_in_Dallas · 1 year ago
    Well "Lost" is wonderful television. The people who watch that show
    generally have to be bright enough to also read some kind of news or blogs
    or at least think.

    I am talking about the beer swilling, NASCAR watching, crotch scratchin
    white trash down heah that will pull the McCain lever because they simply
    cannot vote for a black man. Regardless of how fucked their lives are.
  • Soundboy_jeff_meanie · 1 year ago
    AHHH!!! husband material you mean.

    :-)
  • Bostonian_Queer_in_Dallas · 1 year ago
    Yeah...LOST lovers make good husbands
  • ComradeRutherford · 1 year ago
    I know one liberal minded person that votes Republican for ONLY one reason: they like to hunt and are convinced that all Democrats want to take their hunting rifles away. I have GOT to convince them NOT to vote for McCain!
  • Rob Mule · 1 year ago
    What a disgrace that worthless sack of rancid, thick-fingered sausage named Scalia remains...
    I pray DC/Maryland/Virginia area restaurant employees regularly spit and pee into his food.
  • JMOHR · 1 year ago
    Contrary to the dissenting opinion, this was not a decision giving detainees greater rights than ever before enjoyed by enemy combatants. This was a case about the very nature of what it means to be a combatant.

    The administration has long argued that the detainees constitute enemy combatants whether they were captured on the battle field, in uniform or in civilian attire, bought off of bounty hunters or provided by foreign police in countries far from any battle field.

    The Geneva conventions clearly define who are combatants in an armed conflict. The United States, as all other civilized nations, is a signatory to that treaty. The administration has attempted to muddy the definition as to who is or is not a combatant. The result has been hundreds of people captured who are loosely associated with terrorist organizations or who should be tried as civilians (indeed, the lead plaintiff in the case had been investigated and cleared by authorities in his own country) in a civilian court.

    The Supreme Court originally agreed that an administrative process run by the military would suffice in order to provide adequate due process. It was the total and absolute failure of the Bush system to provide even rudimentary protections to the detained that cause the court to open the civilian system to their use.
  • ComradeRutherford · 1 year ago
    Which is where the term 'enemy combatant' some in. It is a non-legal term invented specifically for the GOP leadership to circumvent all US Law, the US Consitution, and our treaty obligations to the rest of the world.

    There is no such thing as an 'enemy combatant'. There IS a legal term for the prisoners illegally held by the US government: Prisoners Of War.
  • bluestockton · 1 year ago
    OT: a Marine is being kicked out of the Corps because while in Iraq, he threw a dog off a cliff to its death. Doesn't this send exactly the wrong message? "Kill a dog, punch your ticket for home."
  • Õ¿Õ · 1 year ago
    Good.
  • KarenMrsLloydRichards · 1 year ago
    I say to the racist fearmonger Tonino Scalia: Va f'anculo, scellerato!
  • scottinsf · 1 year ago
    This ruling is great news. We'll restore The Great Writ after all.
  • queerunity · 1 year ago
    im shocked those neo-cons made this deciison
    http://www.queersunitedblogspot.com
  • gwpriester · 1 year ago
    Scalia. is he a justice or an administration mouthpiece?
  • Catsandbeer.com · 1 year ago
    fucking finally, but the question is, why would an administration that has so pathologically violated our rule of law and shown contempt for the Constitution and by extension the Supreme Court all of a sudden going to care what that court says?
  • woodroad34 · 1 year ago
    I love it when a Supreme Court candidate goes through the nomination vetting process and the nominees (I'm thinking both Roberts and Scabie, er Scalia) get all upset when Congressmen ask them pertinent questions on how they'll vote. Well, this is the reason. It's obvious how they'd vote...they just didn't want it in any record. The two of them -- despite their smart quips and snappy rejoinders -- are essentially low grade and, pardon the pun, judgmental--if not just plain ol' mental.
  • KerrynowCampau · 1 year ago
    "I pray DC/Maryland/Virginia area restaurant employees regularly spit and pee into his food."

    LOL!! Even though I don't believe in God, just in case, I will pray for that as well.
  • blackwolf · 1 year ago
    You're an infidel! Begone and take your faithless carcass with you.
  • lauracf · 1 year ago
    As John mentioned, any liberals/moderates who supported Hillary and are now thinking they should do anything BESIDES vote for Barack Obama this November should pay attention to the fact that this decision was 5-4. 5-4!! We can't afford even ONE more right wing justice! Our constitution and our civil liberties are too important.
  • PeteWa · 1 year ago
    The Supreme Court has been 7 conservative appointees and 2 liberal appointees as long as I can remember... and still the conservatards whine, bitch, moan and cry about how stilted the Supreme Court is.
  • tbhull · 1 year ago
    Woo, Addington and Gonzalez all should be disbarred. Each is a fucking disgrace to humanity and the legal profession. I would wager even buzzards and maggots would refrain from eating their decaying corpses when the time comes for them, as it will for us all.
  • ComradeRutherford · 1 year ago
    If anyone wants to know exactly which Democrats are under the control of the GOP leadership, simply look at the recorded vote to approve Roberts and Alito to the Supreme Court. These two brand new appointees sided with Anti-American Scalia and his hand-puppet Thomas to vote against the last 600 years of legal precedence. Scalia and the GOP that put him there have nothing less than the overturning of the Writ of Habeas Corpus AND the Magna Carta.

    These documents are the founding cornerstones of American Law - NOT the 10 commandments!

    Support for McCain means siding with anti-Law and anti-American forces that want to eliminate the US constitution and replace it with martial law based on man-made mythology called the 'bible'.

    If you love western civilization, then you MUST vote against McCain!

    Scalia is EVIL!!!
  • jwhit · 1 year ago
    Since when did mandatory Martial Law become a part of the bible
  • blackwolf · 1 year ago
    Defend the constitution: We'll survive!
  • Antigone · 1 year ago
    That's alright. They just had on some Yahoo news thing that Chimpy is over in Italy having a snit fit over this ruling. Behaving like the pissy little bitch that he is - he said that he would abide by it - but he doesn't have to like it. Then he turned right around and said - maybe we just need some more legislation so we can continue protektin amerkins and our precious "homeland" - frickin fascist. He still acts like the spoiled little rich boy that he is - besides acting like a five year old. You don't give me whatever I want and let me have my way - and I'm changing the rules in the middle of the game or taking my ball and going home. Christ - this asshole can't get out of the White House fast enough.
  • woodroad34 · 1 year ago
    And now The Monkey King "strongly disagrees with" the Court's ruling.....I can just see the little sociopath, all red-faced and stomping his little cowboy boots, screaming "no, No, NOOOOOO!". It just goes to show: even his little stacked court doesn't agree with him--well, except for the other sociopaths like Roberts and Scalia. This decision just proves how wrong-headed this administration has been all along....3 times it's been proven! The Senate says he lied, the court says he's a pitiful dictator, and even the GOP is running from him. Go suck your thumb, you tragic dumbass!
  • gonzalez · 1 year ago
    The 4 biggest assholes in the Republican Supreme Court voted with Bush and Company. I guess Scalia and his three freinds are afraid of the terrorists. Isn't just what the terrorists want? What idiots!!!!!!!!!!!!!!! This is the best we have in this country? I think NOT!