Comments on: Boumediene: Victory of Law

By: doctorjay

doctorjay — Wed, 18 Jun 2008 04:35:58 +0000

So if the Writ of Habeas Corpus can be suspended when war is declared, I would ask where exactly can I find that Declaration of “War on Terror” in the Congressional Record? If so, who exactly is this enemy “Terror”; is it an entity, a sovereign nation, a person or group, or is it simply a state of mind? If it is possible to declare war on an idea, can we rally behind a war on ignorance, or poverty? Better yet how about a war against mendacity, authoritarianism or unrepentant hubris? I am sure the latter war would surface scores of “enemy combatants” in the WH, the halls of Congress and the benches of SCOTUS, whose right to face the charge of their accusers can justifiably be terminated. Wouldn't you agree?

By: kyjurisdoctor

kyjurisdoctor — Sat, 14 Jun 2008 00:15:57 +0000

While I AGREE with today's majority opinion that "all enemy combatants detained during a war, at least insofar as they are confined in an area away from the battlefield, [but] over which the United States exercises 'absolute and indefinite' control, may seek a writ of habeas corpus in federal court," I also AGREE with Chief Justice Roberts (and his fellow dissenters) that the Writ can be suspended in time of war, such as the war on terror that we find ourselves involved in right now, and that suspension power belongs to Congress, such as Congress has exercised in this case, "as the Constitution surely allows Congress to [wield]."

I guess one can REASONABLY conclude that the Court's Majority knew where they wanted to end up, and proceeded to get there, however s-l-o-w-l-y they weaved their way through precedential minefield!

OsiSpeaks.com

By: doctorjay

doctorjay — Wed, 30 Nov -0001 00:00:00 +0000

By: kyjurisdoctor

kyjurisdoctor — Wed, 30 Nov -0001 00:00:00 +0000

While I AGREE with today’s majority opinion that “all enemy combatants detained during a war, at least insofar as they are confined in an area away from the battlefield, [but] over which the United States exercises ‘absolute and indefinite’ control, may seek a writ of habeas corpus in federal court,” I also AGREE with Chief Justice Roberts (and his fellow dissenters) that the Writ can be suspended in time of war, such as the war on terror that we find ourselves involved in right now, and that suspension power belongs to Congress, such as Congress has exercised in this case, “as the Constitution surely allows Congress to [wield].”

I guess one can REASONABLY conclude that the Court’s Majority knew where they wanted to end up, and proceeded to get there, however s-l-o-w-l-y they weaved their way through precedential minefield!

OsiSpeaks.com