Thursday, July 01, 2004
Understanding the Supreme Court
Here is a good explanation of the Supreme Court's recent rulings on the President's claim of virtually unlimited powers with respect to U.S. citizens proclaimed as "enemy combatants."
The Padilla opinion held 5-4 (usual suspects) that Padilla filed for habeas relief in the wrong court. Justice Stevens, in his dissent, berates the majority for punting on an "exceptional case." Padilla's secret transfer from the civilian court system, the "Star Chamber" created by the chief executive, and the justification that such measures are necessary to interrogate prisoners, are simply tyrannical measures in Stevens' view. It is no accident that Stevens also refers to torture in his conclusion, a conclusion that ends with the lines: "For this Nation to remain true to the ideals symbolized by its flag, it must not wield the tools of tyrants even to resist an assault by the forces of tyranny."
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