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To: Dr. Marten
” So who has won?

Not the detainees. The Court’s analysis leaves them with only the prospect of further litigation to determine the content of their new habeas right, followed by further litigation to resolve their particular cases,followed by further litigation before the D. C. Circuit— where they could have started had they invoked the DTA procedure.

Not Congress, whose attempt to “determine— through democratic means—how best” to balance the security of the American people with the detainees’ liberty interests, see Hamdan v. Rumsfeld, 548 U. S. 557, 636 (2006) (BREYER, J., concurring), has been unceremoniously brushed aside.

Not the Great Writ, whose majesty is hardly enhanced by its extension to a jurisdictionally quirky outpost, with no tangible benefit to anyone.

Not the rule of law, unless by that is meant the rule of lawyers, who will now arguably have a greater role than military and intelligence officials in shaping policy for alien enemy combatants.

And certainly not the American people, who today lose a bit more control over the conduct of this Nation’s foreign policy to unelected, politically unaccountable judges.

I respectfully dissent.”

Justice Roberts is a brilliant man.

152 posted on 06/12/2008 1:49:16 PM PDT by denydenydeny (Expel the priest and you don't inaugurate the age of reason, you get the witch doctor--Paul Johnson)
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To: denydenydeny

And we appointed 7 of 9 of these assholes. That’s just part of the reason why I’m not playing along to get along any longer.

Provide a Conservative candidate and I’ll vote for him/her. Provide another RINO, and foget aboud it.

We don’t do ourselves any favors when we vote in leftists. They make our goals impossible to realize. They make the realization of the left’s goals possible.

Our team voted to affirm every one of these justices. It’s time to clean house.

I’d rather have a Conservative 41 seat minority in the Senate than 90 seats filled by RINOs.


158 posted on 06/12/2008 2:01:54 PM PDT by DoughtyOne (Ooo what's that terrible smell? Oh, I stepped in a big pile of 'lesser of two evils'. Careful...)
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