Please tell me I misunderstood Justice Scalia and that he, as well as those he emblemizes, would not believe this.
At work today, I listened to the arguments before the Supreme Court for Boumediene v. Bush (the Gitmo case) and the Justice said something which I hope I took out of context.
I believe he was addressing the constitutionally guaranteed right of habeas corpus when he said to Mr. Waxman, representing the detainees,
you are appealing to a common law right that somehow found its way into our constitution
Did he just allude to the fact he does not support habeas corpus? If so, shouldn't a strict constructionist be among the staunchest defenders of the rights explicitly laid forth? If not, why defend them?
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