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View Diary: SCOTUS: Guantanamo Detainees Have Habeas Rights (265 comments)

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  •  Kennedy here fully inherits O'Connor's mantle (3+ / 0-)
    Recommended by:
    stephdray, sundancekid11, ceriboo

    as the swing vote.  Seriously, for a long time, I used to say, "It's Sandra Day O'Connor's world; we just live in it."  I just hope he is more principled and rational about it all than she was.  I'm not saying I forgive him for Bush v. Gore, but he has gotten a few things right since then (Lawrence v. Texas, e.g.).

    "You can't nice these people to death."-- John Edwards

    by ge0rge on Thu Jun 12, 2008 at 08:29:56 AM PDT

    [ Parent ]

    •  If there's one thing Kennedy believes ... (7+ / 0-)

      ... it's that the Supreme Court is Important.  This case was a natural for him.

      •  I was just thinking this... (1+ / 0-)
        Recommended by:
        Adam B

        One of the reasons I dislike Kennedy is that he seems to have a self-important messiah complex.  In this case, it totally worked for us.  He doesn't mind the Government messing with the citizenry half so much as he minds anybody trying to tell the courts that they're irrelevant, and by extension, he isn't as important as he thinks he is.  

        This worked in our favor for a change.

        Stephanie Dray
        of Jousting for Justice, a lefty blog with a Maryland tilt.

        by stephdray on Thu Jun 12, 2008 at 10:16:47 AM PDT

        [ Parent ]

        •  It usually works in our favor from him. (1+ / 0-)
          Recommended by:
          stephdray

          Lawrence v Texas:

          Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.

          Casey:

          These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.

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