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View Diary: Updated with Corrections Re: 9th Circuit legalizes torture (266 comments)

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  •  By not taking the case, and letting the previous (4+ / 0-)

    courts ruling stand, the SCOTUS allows torture to go forward and legal "unpersons" to exist

    I'll try to find the direct link for you, but check this out.

    Eric Lewis, lead attorney for the detainees, said, "It is an awful day for the rule of law and common decency when the Supreme Court lets stand such an inhuman decision. The final word on whether these men had a right not to be tortured or a right to practice their religion free from abuse is that they did not."

    "The lower court found that torture is all in a days’ work for the secretary of defense and senior generals," he added. "That violates the president’s stated policy, our treaty obligations, and universal legal norms. Yet the Obama administration, in its rush to protect executive power, lost its moral compass and persuaded the Supreme Court to avoid a central moral challenge. Today our standing in the world has suffered a further great loss."

    If you want a picture of the future, imagine a boot stamping on a human face -- for ever.' ~ George Orwell, 1984

    by MinistryOfTruth on Mon Dec 28, 2009 at 11:00:54 AM PST

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    •  Not the same thing at all (8+ / 0-)

      Scotus is simply allowing the lower courts' ruling to stand.  Essentially, Scotus is allowing all of the lower courts to decide for themselves.  What you have is the ruling from the 9th circuit.  That isn't the final one at all. Another circuit could find something different.

      •  Another circuit left of the ninth? (2+ / 0-)
        Recommended by:
        chuckvw, Onomastic

        Not likely. And while other circuits may not use this ruling as precedent, bet your ass it will show up in arguments for similar rulings in other cases of this kind. This case gave me hope because it was in the ninth. I took its dismissal as the handwriting on the wall, and nothing has happened since then to change my appraisal.

        I wish this diary, and Chris Floyd's article, had a little more fact and a little less "they're fucking us over!" But I also prefer that when my president authorizes torture, that act sees the light of day in court.

        If SCOTUS won't open the book on such clear allegations of habeas corpus rights violation, then they're fucking us over.

        "Get hold of portable property." Dickens

        by ZAP210 on Mon Dec 28, 2009 at 11:41:39 AM PST

        [ Parent ]

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