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Politics : Politics for Pros- moderated

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From: LindyBill	6/29/2006 8:23:42 PM
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Powerline - The ruling was by a 5-3 majority; Justices Scalia, Thomas and Alito were the dissenters. The Chief Justice did not participate since he was one of the judges who decided the case in the D.C. Circuit. Scalia's dissent accuses the majority of ignoring the plain language of Congress's enactment providing that: No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantanamo Bay, Cuba. Scalia further argues that the majority substitutes its own judgment as to "military necessity" for that of the executive branch.

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