Friday, June 29, 2007
Speaking of the Supreme Court...
The distinguished jurists have reversed an earlier decision not to hear appeals in a couple of Guantanamo habeas cases. SCOTUSBlog:
In a startling turn of events in the legal combat over the war on terrorism, the Supreme Court on Friday agreed to reconsider the appeals in the Guantanamo Bay detainee cases. It vacated its April 2 order denying review of the two packets of cases. The Court then granted review, consolidated the cases, and said they would be heard in a one-hour argument in the new Term starting Oct. 1. Such a switch by the Court -- from denial to rehearing and new argument and decision -- may not have occurred since 1947, in Hickman v. Taylor, 329 U.S. 495, legal sources said Friday.
To say that I Am Not A Lawyer is gross understatement, but I'm going to go out on a limb and make a prediction - the august High Court will overturn the DC Circuit's ruling that the Military Commissions Act of 2006 had stripped detainees of their right to bring habeas challenges.
This new court has amply demonstrated its disdain for precedent and intellectual consistency, and has signalled a marked tendency to favor the interests of the state (and its master, Business) over those of the individual. In the areas of free speech, the environment, church and state, antitrust, choice, affirmative action, labor, and more, they have consistently ruled in favor of the Strong over the Weak.
How could I possibly think that they would rule in favor of the Terriss?
It's just this: the court has been shameless in shaping its decisions based on its desired outcomes, in the face of any volume of legal argument or precedent. They have been happy to rule in favor of the State (or its partners) again and again, because they are "conservative" (which means that they are giddily anxious to shred every thread of the fabric our contemporary civil society has been woven from), but this time it's different.
This is about the balance of power.
I don't think they give a shit about any of that legal crap - habeus schmabeus, and the proverbial Individual, or whatever. They need to rule on these cases because it's penis-swinging time. They are about to throw down on the Legislative Branch (now held by "Democrats") because they want their power. I expect they'll be smacking down the Executive as well, come October, because that's about to go Democratic, too.
I have lost faith in the foundational institutions of our nation.