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Adiós, Guantánamo
The Wall Street Journal ^ | June 12, 2008 | JAMES TARANTO

Posted on 06/12/2008 4:16:23 PM PDT by vietvet67

"The Nation will live to regret what the Court had done today," Justice Antonin Scalia writes at the end of his dissent in Boumediene v. Bush, the case in which a bare majority of the Supreme Court, for the first time ever, extended rights under the U.S. constitution to enemy combatants who have never set foot on U.S. soil.

It's worth noting that the nation has lived to regret things the court has done in earlier wars. In Schenck v. U.S. (1919), the court upheld the conviction of a Socialist Party leader for distributing an anticonscription flier during World War I--material that would unquestionably be protected by the First Amendment under Brandenburg v. Ohio (1969). In Korematsu v. U.S. (1944), the court held that the government had the authority to ban Japanese-Americans from certain areas of California, simply on the ground that their ethnic heritage rendered their loyalty suspect. Korematsu has never been overturned, but there is no doubt that it would be in the vanishingly unlikely event that the question ever came up again.

This war was different. Almost immediately after the 9/11 attacks, we began hearing dire warnings about threats to civil liberties. Five members of the high court seem to have internalized these warnings. As Justice Anthony Kennedy put it in his majority opinion today, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." Kennedy and his colleagues seemed determined to err on the side of an expansive interpretation of constitutional rights.

And err they did. As Justice Scalia writes:

[Today's decision] will almost certainly cause more Americans to be killed. That consequence would be tolerable if necessary to preserve a time-honored legal principle vital to our constitutional Republic. But it is this Court's blatant abandonment of such a principle that...

(Excerpt) Read more at online.wsj.com ...


TOPICS: Editorial; Government; News/Current Events; War on Terror
KEYWORDS: boumediene; decision; enemycombatant; gitmo; judiciary; militarycommissions; militarytribunal; ruling; scalia; scotus; taranto; terrorists
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To: vietvet67
Ruth Buzzy Ginsberg, Stephen Breyer, David Souter, Kennedy and that other INSANE one will NOT be remmebered well in the history books!!

Are they Stupid or VILE????Are they TRAITORS or just anti-Christians??? If this was President Clinton they woould NEVER have voted this way!

Maybe any and all released TERRORISTS will meet their families someday.......and it will be UGLY if they kill again.

41 posted on 06/12/2008 5:34:36 PM PDT by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience.)
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To: VeniVidiVici

Is it time to take our country back?


42 posted on 06/12/2008 5:35:27 PM PDT by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience.)
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To: XeniaSt

Indeed you are correct.


43 posted on 06/12/2008 5:36:50 PM PDT by big'ol_freeper ("Preach the Gospel always, and when necessary use words". ~ St. Francis of Assisi)
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To: jmcenanly

lol.

Then the polar bears would get lawyered up too. :-)


44 posted on 06/12/2008 5:39:00 PM PDT by vietvet67
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To: realdifferent1

“if this decision is any indication of how ‘Heller’ will go, we’re screwed.”

Not really. It gives us a direction to shoot.


45 posted on 06/12/2008 5:42:05 PM PDT by sergeantdave (Governments hate armed citizens more than armed criminals)
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To: cake_crumb

Listen Americans, and understand!

The treacherous Democrats and their terrorists are out there! They can’t be bargained with. They can’t be reasoned with. They don’t feel pity, or remorse, or fear. And they absolutely will not stop, ever, until you are dead.


46 posted on 06/12/2008 5:45:14 PM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: vietvet67

it never ceases to amaze the power that the left-media has over america. in one word:

fear.

i remember when bill o’reilly went down to gitmo and i discussed it with a female democrat-tv-viewer friend.

she wouldn’t believe what i said about o’relly’s trip.

she believes that gitmo is more evil than what our enemies do in iraq.

i mentioned the beheading of daniel pearl in pakistan and she just looked at me in disbelief:

how could i not understand that bush and gitmo are more evil?

unbelievable.


47 posted on 06/12/2008 5:49:00 PM PDT by ken21 ( people die + you never hear from them again.)
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To: All
ARTICLE SNIPPET:

"[Today's decision] will almost certainly cause more Americans to be killed. "

48 posted on 06/12/2008 6:23:22 PM PDT by Cindy
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To: GAB-1955
That statement is too severe. It could also be said that the Bush Administration has received a necessary check to its tendency to bend American law in its prosecution of the war on terror. That would be too lenient.

Check out Charles Krauthammer's thoughts before you let them off.

49 posted on 06/12/2008 6:28:30 PM PDT by Uri’el-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: big'ol_freeper
I came to this after listening to Charles Krauthammer's remarks on Fox's Special Report tonight.

50 posted on 06/12/2008 6:32:01 PM PDT by Uri’el-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: Grut

The hundreds of thousands of German real POW’s captured during WWII were held on U.S. soil for the duration fo the war. They did not get any constitutional rights.
Why not?
The point is that POW’s, these are not by th way, are held for the duration of the war. They are not charged with crimes and prosecuted in the court system.


51 posted on 06/12/2008 6:44:24 PM PDT by smoketree (the insanity, the lunacy these days)
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To: XeniaSt

Why do you assume I am letting them off? They aren’t innocent; they’ll just have to go through the system.


52 posted on 06/12/2008 7:13:30 PM PDT by GAB-1955 (Kicking and Screaming into the Kingdom of Heaven!)
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To: GAB-1955
My remark was directed towards letting the thugs off.

53 posted on 06/12/2008 7:23:12 PM PDT by Uri’el-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: vietvet67

There isn’t a polar bear within 8000 miles of that iceberg. It s in the Antarctic. The Polar bears, however, may enjoy the fresh meat, if they could get it.


54 posted on 06/13/2008 3:56:32 AM PDT by jmcenanly
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To: jmcenanly

lol


55 posted on 06/13/2008 5:22:56 AM PDT by vietvet67
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To: DuncanWaring

Not according to the Supreme Court as of yesterday.


56 posted on 06/13/2008 8:14:57 AM PDT by DBCJR (What would you expect?)
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