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Monday, June 28, 2004
 

It's been quite a week for the Supreme Court.

Here is one of their decisions today, Hamdi vs. Rumsfeld, dealing with whether someone that the Executive Branch declares to be an "enemy combatant" is entitled to a writ of habeas corpus and access to U.S. courts. Once again, the media didn't do it justice. They reported that it was a 6-3 decision in favor of granting the writ and access to the courts.

When you actually READ the opinion, you find that 6 judges formed a centrist opinion that made a hard call saying that the balance tipped in favor of granting rights.

Justice Thomas penned a dissent, arguing that while the Executive Branch doesn't have completely unchecked powers in time of war, the judicial branch is not competent to review executive branch findings in such cases as this. Astounding.

Here's the super interesting part: the other dissent was written by Scalia and Stevens. That's right, the single most liberal and single most conservative judges on the Supreme Court set aside their differences and wrote a beautifully worded dissent. It gives a wonderful history of the writ of Habeas Corpus, all the way back to English common law. It then goes on to say that while the Constitution clearly gives Congress the ability to authorize the President to suspend Habeas Corpus, there is a very specific and explicit way that Congress needs to do that, and in the case of the Authorization for Use of Military Force, Congress didn't do it.

What Scalia and Stevens wrote is a dissent at one level, because they think that the majority made a poor decision. But it is an even more emphatic affirmation of Hamdi's right to a writ of habeas corpus and access to U.S. courts.

It's great reading. I highly recommend it.


10:08:17 PM    ; comment []


Here's a fun little article from the Christian Science Monitor on the context of the early handover in Iraq today.

If you think it's all over, think again. We still have a ton of troops over there, and by most estimates we will have a military presence for 5+ years. Yesterday's Doonesbury had a nice little riff on that.

And the worst is yet to come. There isn't a democratically elected government, or a constitution yet. Why? Because 60% of Iraqis are Shiite Muslims. That's right, the same as the ruling party in Iran. A one-person, one-vote election would create a Shiite ruling party, which is exactly what their religious leaders would like. And there are two ways that would play out: either a clone of Iran, or civil war when the other 40% revolt.

This is just more evidence that the Bush administration had no post-war plan. And it's no surprise that they are handing off as quickly as they can, and trying to get NATO peacekeepers on the ground, so that they are not in charge when the wheels come off the wagon. Conveniently, the deadline for an election is January 31st, safely after the U.S. election; I bet there are a lot of people in the administration who hope that things can hold out until then...

With the CPA gone, who is going to oversee the rebuilding of Iraq, and the disbursement of US funds to pay for that rebuilding? (hint: what rebuilding? what funds?)

Here's an MSNBC article talking about the transfer and who is in charge of what. Read the last section, "Bremer's legacy." My favorite part:

On Saturday, Bremer signed an edict that gave U.S. and other Western civilian contractors immunity from Iraqi law while performing their jobs in Iraq.

A resounding endorsement of the new Iraqi interim government.

Anyone want to place bets on which country will have an election first: Iraq or Venezuela?

 


8:59:14 PM    ; comment []



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