The Supreme Court doesn’t give in

On June 29, 2006, in General, by Neil Stevens

In the past I have argued that the Congress needs to start stripping jurisdiction from the Supreme Court. Well, it has in the Detainee Treatment Act of 2005. Unfortunately, in Hamdan v. Rumsfeld, the court decided that doesn’t really apply, over the objections of a great dissent by Justice Scalia. Justices Thomas and Alito also dissented (the Chief Justice had to recuse himself, having been on the Court of Appeals that the Supreme Court overturned), beautifully tag-teaming to dismantle the majority and plurality on this.

So, as Mark I points out at Red State, we may have a Constitutional crisis on our hands, all because Justices Stevens, Breyer, Ginsburg, Souter, and Kennedy want the terrorists at Guantanamo not to be tried by a military commission that was set up.

What a mess.


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