Thursday :: Jun 29, 2006

Activist Courts

by Duckman GR

Just to elaborate, or address Steve's question, is it possible that some sense of sanity is returning to our country? Wht with bush's pathetic poll numbers, the GOP Dictated Congresses pathetic poll numbers, and now this, Justice Kennedy siding with the Left on the Hamdan v Rumdrunk with Power case, it appears that there are some people in power who actually believe in the rule of law, at least a little. Glory be!

Writing the Majority Opinion, Justice John Paul Stevens wrote this(my highlights):

The military commission at issue is not expressly authorized by any congressional act," said Justice John Paul Stevens, writing for the majority. The tribunals, he said, "must be understood to incorporate at least the barest of those trial protections that have been recognized by customary international law."

"In undertaking to try Hamdan and subject him to criminal punishment, the executive (Bush) is bound to comply with the rule of law that prevails in this jurisdiction," Stevens said.

Now, given that bush, well his handlers especially, doesn't want to give up any power or can tolerate a smack in the face, what's next for Gitmo, and the bogus Grand War on Terror, as Steve asks? This article suggests that they won't be able to close Guantanamo, despite international calls and it's own suspect foundation, because it would be too hard, or really because they don't want to, and now, as a means of showing that the SC can't tell them what to do. The Chimp Rules, don't you know?

Berube wrote last year,

[r]ecall that the Supreme Court has ruled that the detainees at Guantanamo must have hearings. How many have gotten their Court-mandated hearings so far?... The Court ruling came on January 31, [2005] but I can’t find any updates on what has been done in way of compliance.... Will the answer shock you? None. Nada.


Hannah Arendt was very clear that evils done to humans in the modern world—which is organized politically around the form of the nation-state—begin by rendering people “stateless,” by moving them outside of any legal structure in which they are recognized as citizens with certain rights or have access to a legal system in which to contest their treatment.

The rule of law is a powerful force, sometimes slow in its turning, but inexorable in its force. Hopefully this signals a quickening of a return to law, and not dictat.

Oh, and let me just add, Rummy, you are officially


Duckman GR :: 8:03 AM :: Comments (13) :: TrackBack (0) :: Digg It!