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View Diary: Sanchez Approved Torture; White House May Be Linked to Decision (169 comments)

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  •  Re Padilla Case (3.66)
    As far as the fate of human liberty is concerned, the Padilla case could very well be our era's Dred Scott.  It's that important.  I very much hope that as each Supreme Court justice weighs his or her decision that he or she will consider what it would be like to be designated an "enemy combatant".  Sound crazy?  Well, if you were to accept the administration's arguments in this case, then a policy of arbitrary detention would simply obliterate the protections of the 5th Amendment, which prohibits any "person" (not just American citizens) from being "deprived of life, liberty, or property, without due process of law".  This tradition of due process goes back to the guarantee of liberty enshrined in the Magna Carta as a check on King John's abusive ways.  More recently, our revolutionary fathers stood up to the tyrant King George III.  Is too much to ask the Supreme Court to stand up to George Bush Jr.?    
    •  Enemy Combatant (none)

      Hell, most of the Supremes should weight their decision exactly as if they can be declared an enemy combatant and disappeared at any time. Because you can bet that's exactly what would happen to the non-wingnuts (everyone but Scalia, pretty much) on the court. They'd vanish into Guantanimo and be replaced by more Repugnican toadies.

      •  That's my feeling (none)
        We're supposed to have a system of checks and balances with Congressional oversight and a Supreme Court.  In reality Congress has rubber stamped almost everything, including not pressing Ashcroft to release the memos that are now leaking out.  Meanwhile if a Supreme Court justice needs to be replaced, the President, who has declared everything he does as lawful because he makes the laws, nominates a replacement.  

        I just read the NYT magazine piece on Commander Swift defending the detainees at Guantanamo.  When will these people understand it's men and women of integrity and a commitment to the rule of law like Swift who keep this place from coming apart at the seems.  Unfortunately, even he seems doubtful things will resolve well.

        •  THE SC was lied to (none)
          about the torture.

          They aren't going to tkae kindly to that.

          They were also lied to about Gitmo being outside US jurisdiction -- when the memo/es assert the exact opposite.

          No, the SC is not going to rule in Bushit's favor on the claim that "the president is beyond the constraints of the Constitution" as passing Constitutional muster.

          And, of course, they will doubtless recognize that Georgie believes he can even jail SC justices in such as Gitmo.

          A lie is halfway around the world before the truth can get its shoes on. -- Mark Twain

          by jnagarya on Mon Jun 14, 2004 at 01:09:59 AM PDT

          [ Parent ]

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