SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : I Will Continue to Continue, to Pretend....
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: Sully- who wrote (11433)6/29/2006 4:33:55 PM
From: Sully-  Read Replies (29) of 35834
 
Hamdan Wins

Power Line

In what strikes me as an upset, the U.S. Supreme Court has reversed the D.C. Circuit and ruled in favor of Guantanamo detainee Salim Ahmed Hamdan. The Court held that the federal courts have jurisdiction over Hamdan's claims, and that the military commission that is to try Hamdan fails to satisfy requirements of the Uniform Code of Military Justice and the Geneva Convention, both of which the Court held to be applicable. You can access the opinions at the link below.

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:
    [N]o 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.

I've only had time to scan the opinions briefly and may have further comments later. For now, the one apparent implication of Hamdan is that hundreds of Guantanamo detainees will become participants in the American judicial system. If they thought Gitmo has been a strange and disorienting experience, they haven't seen anything yet.

SCOTT adds: Our friends at Commentary have posted Andrew McCarthy's important essay from Commentary's February issue on issues closely related to Hamdan: "International law v. United States."
commentarymagazine.com

powerlineblog.com

supremecourtus.gov
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2025 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News