They could have saved us all a lot of time if they’d told us what was clearly on their minds.
They don’t trust military tribunals to deal with those accused of being enemy combatants, even if the tribunals are following guidelines established by Congress.
That the government has probably detained some prisoners at Guantanamo for longer than they should have.
And that Guantanamo should just be closed.
Though they are willing to give it lip service, they don’t really believe we are at war … at least not a “real” war.
Therefore, they should create a new right for our nation’s enemies commiserate with the displeasure that they and the rest of the “enlightened” people have with this “war,” Guantanamo and the Bush Administration.
Once again another gotcha moment engineered by the left in their long standing crusade against the "real enemy" George W. Bush - After all, he is the greatest threat to freedom in the world according to lefti-pundits. But Fred sums up things up wonderfully:
At this stage, no one can really tell the extent to which this decision is going to add to judicial confusion, additional administrative difficulty, time and attention of military personnel or how many more prisoners will be mistakenly released to join the at least 30 who were released from Guantanamo only to return to fight the United States.
In reading the majority opinion I am struck by the utter waste that is involved here. No, not the waste of military resources and human life, although such a result is tragically obvious. I refer to the waste of all those years these justices spent in law school studying how adherence to legal precedent is the bedrock of the rule of law, when it turns out, all they really needed was a Pew poll, a subscription to the New York Times, and the latest edition of “How to Make War for Dummies.”
It is truly stunning that this court has seen fit to arrogate unto itself a role in the most important issue facing any country, self-defense, in a case in which Congress has in fact repeatedly acted. This was not a case where Congress did not set the rules; it did. But the court still decided – in the face of overwhelming precedent to the contrary – to intervene. This decision, or course, will allow for "President Bush Is Rebuffed” headlines, the implication being that the Administration was caught red-handed violating clearly established Constitutional rights when in fact the Administration, and the Congress for that matter, followed guidelines established by the Supreme Court itself in prior cases.
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