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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Ilaine who wrote (121854)	6/24/2005 12:11:07 PM
From: D. Long	Respond to of 793897

Didn't ignore the parts you mention, but you can't read out of the opinion the bits I cited, either, no more than you can ignore footnote 4 in the Carolene Products case either Just because O'Connor didn't use the phrase "citizen-detainee" once in a lengthy opinion doesn't change the meaning of the entire opinion. Plug Hamdi vs. Rumsfeld into a Lexis search and you'll see what the case has come to stand for There are attorneys that say the Geneva Conventions stand for "everyone gets POW treatment", that doesn't make it so. Or, as my Con Law professor used to say, "it may be dicta, but it's great dicta." My professors say "don't cite dicta, you'll look like a damn fool". May be pretty language, but it's not strictly law, just as footnote 4 in Carolene wasn't law. An idea that influenced later constitutional thought, but not law. Derek