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

To: miraje who wrote (254262)	6/13/2008 7:16:55 PM
From: Nadine Carroll	Respond to of 793717

There is a feel-good aspect to this decision. The idea of men being incarcerated indefinitely, without being given a chance to defend themselves or even learn the charges against them, feels un-American. The instinct of the slim liberal majority to set that wrong to rights is understandable. It would be somewhat reassuring if the court had ruled that such standards apply only because the nation is not now in a state of declared war -- that this ruling could be set aside by the simple expedient of the Congress declaring war. But it does not appear the court has drawn us that clear a line. The reason that could mean trouble: The courts have shown a predictable tendency to take previous rulings and extend the logic of their premises, sometimes far beyond what anyone would initially have imagined. Feel-good, that's just the right word. In fact, not only did the Court not set up a new standard, it struck down the standard that Congress and the President had passed at their own request in the Hamdan case. So now where are we?