South Carolina Ping
Posted on 11/11/2005 12:08:46 AM PST by indianrightwinger
Senate Approves Limiting Rights of U.S. Detainees
By ERIC SCHMITT Published: November 11, 2005
WASHINGTON, Nov. 10 - The Senate voted Thursday to strip captured "enemy combatants" at Guantánamo Bay, Cuba, of the principal legal tool given to them last year by the Supreme Court when it allowed them to challenge their detentions in United States courts.
The vote, 49 to 42, on an amendment to a military budget bill by Senator Lindsey Graham, Republican of South Carolina, comes at a time of intense debate over the government's treatment of prisoners in American custody worldwide, and just days after the Senate passed a measure by Senator John McCain banning abusive treatment of them.
If approved in its current form by both the Senate and the House, which has not yet considered the measure but where passage is considered likely, the law would nullify a June 2004 Supreme Court opinion that detainees at Guantánamo Bay had a right to challenge their detentions in court.
Nearly 200 of roughly 500 detainees there have already filed habeas corpus motions, which are making their way up through the federal court system. As written, the amendment would void any suits pending at the time the law was passed.
The vote also came in the same week that the Supreme Court announced that it would consider the constitutionality of war crimes trials before President Bush's military commissions for certain detainees at Guantánamo Bay, a case that legal experts said might never be decided by the court if the Graham amendment became law.
Five Democrats joined 44 Republicans in backing the amendment, but the vote on Thursday may only be a temporary triumph for Mr. Graham. Senate Democrats led by Jeff Bingaman of New Mexico said they would seek another vote, as early as Monday, to
(Excerpt) Read more at nytimes.com ...
It would seem to me that the only way this could endure the wrath of the supreme court would be the court decided not to declare it unconstitutional.
Unless congress removes something from the purview of the courts, they are always free to come back and over rule the congress.
It might be they have some confidence in that not happening but I'm not so sanguine.
ping
True - I can't see this law as having anything more than a symbolic effect. A Constitutional amendment is needed.
They just blow up our servicemen and suffer no consequences, no one asks them anything.
Not necessarily. Article 3 section 2 gives congress authority to determine ehich matters may be appealed to the suppreme court.
Good point.
In any case, where in the constitution does it say that non-US citizens and residents are protected by SCOTUS appeals??
Still digging to find the right to fair trial for terrorists caught cheating on the battlefield.
US Citizens caught in a similar situation are a tricky bunch, and I am torn on how to handle them. Still would rather they face trial than tribunal. Just the tiny libertarian in me speaking.
It'd be the shortest amendment ever: "Disregard all of the above."
I remember a "congress of courts" that was held some years ago, where they pledged to one another that if Congress tried to pull the nuclear option on abortion they would apply the Roe v. Wade precedent nontheless. I don't recall if they generalized this to all precedents.
Hopefully, we have a different Court
I don't remember any such thing, and doubt it would include state judges who are obligated to follow their own state laws.
I'm sure it had a different name, but it was on the news.
Leave it up to the Democrats and we will be adopting terrorist to live with us, limit only of two to a family of course.
Your thoughts, gentlemen?
Would the Dems actually be stupid enough to try and overturn this?
Your thoughts, gentlemen?Thanks for the inquiry, but I respect FR too much to post my thoughts on Lindsee's latest effort to remake himself.
IMHO, Graham was a scum bucket. After his little trick with The Gang of 14, he became a traitor.
I cannot imagine anything he could do to redeem himself.
He is a pure 100% RINO.
Defeat RINOS!
Good morning! I of course embrace any legislation supporting our war effort. Bringing the courts into prisoner rights issues simply hampers any efforts to get legitimate information from them and could permit release of enemy combatants back into the battle zone. They weren't there selling ice cream in the first place.
Very well stated, M. I agree with you. Of course.
Happy Veterans Day and thank you for your service to our country.
Thank you peach, and my best to you and Mr. peach!
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