“Although these events concern different legal issues and different sets of detainees, they share a common denominator: a legal strategy to keep the rule of law out of the war on terrorism by whatever procedural, legal, or administrative means are available.” According to Slate‘s Phillip Carter, the Dubya administration is obstructing and/or ignoring the recent Supreme Court decisions on the Gitmo Gulag. Sadly, I guess we couldn’t expect any less from this crowd.
Category: The Rehnquist Court
Show us the bodies.
In three separate cases, the Supremes invoke the Magna Carta and the Founding Fathers to call out Dubya for the trampling of civil liberties under his watch. In the words of the Post, “the opinions, concurrences and dissents were decisive on this: They represent a nearly unanimous repudiation of the Bush administration’s sweeping claims to power over those captives.” (Nearly unanimous because Clarence Thomas, he of the “high-tech lynching,” saw no problem with the US government holding prisoners indefinitely without cause or access to courts…perhaps he’s trying to get invited to Cheney’s next hunting trip.) It’d have been nice if the Supremes had gone farther and also decided on the Padilla case rather than kicking it back to a lower court, but still, this is a solid showing by the Bush v. Gore gang. As Salon waggishly put it, let freedom reign.
Poker-faced Liars.
“Editors: Can you show us your cards? Cheney: Sure. One of them’s a six.” By way of Value Judgment, experience the tribulations of poker with Dick Cheney. “Cheney: We will show you our cards after we have collected the pot. It is important that things be done in this order, otherwise the foundation of our entire poker game will be destroyed.” Update: In semi-related news, the Supreme Court bails out Cheney 7-2 on the energy task force documents, although they also decided to punt the case back to a lower court. Hmmm.
Keeping Secrets, Keeping Suspects.
Slate‘s Dahlia Lithwick reports in on the Bush administration’s twin attempts before the Supreme Court to lock up US citizens and hide their shady energy deals indefinitely. Update: The Times and Post weigh in as well.
A “Lawless Enclave.”
Despite Justice Scalia carrying water for Ted Olson and the Bush team as per usual, it seems that a majority of the Supreme Court may not be amused by Dubya’s defense of the Gitmo gulag.
Justice is Blind.
Facing increasing criticism for his closed-door colloquys, Justice Scalia backs down to some extent on Speechgate…he now says he’ll allow print reporters to transcribe his remarks, but not radio or television journalists. What, may I ask, is our esteemed Justice afraid of? Surely he can find a way to express himself more moderately for televised public consumption. He’ll just have to give up the Cheney hunting stories.
Channeling Taney.
Columbia historian (and one of my interlocuters two weeks hence) Eric Foner takes a gander at William Rehnquist’s new book on the disputed 1877 election, and, aside from the obvious Bush v. Gore overtones, discovers that the Chief Justice’s grasp of history is as backward as his jurisprudence. “The scholarship on which Rehnquist relies is almost entirely out of date and his grasp of the complex issues of the Reconstruction era tenuous…That the Chief Justice of the United States sees national protection of blacks’ rights as a punishment imposed on whites is disheartening.” Hmm…let’s hope Rehnquist doesn’t decide to regale us with his thoughts on Dred Scott anytime in the future.
The Party’s Over.
Reformers rejoice as interest groups on the left and right sputter to make sense of the brave new McCain-Feingold world. Everyone seems to agree that McConnell v. FEC is both a surprisingly bold decision and bad news for the Dems in the short term. Well, so be it. With the Supreme Court finally admitting that dollars debase democracy, the door is now open for tougher campaign finance laws in the very near future.
Woohoo!
By a vote of 5-4 (Justice O’Connor the swing vote as expected), the Supreme Court upheld the McCain–Feingold soft-money ban today in McConnell v. FEC. Well, Scalia may call this a “sad day for the freedom of speech,” but I for one think this is great, great news. “Money, like water, will always find an outlet,” as the majority put it, but at least the highest Court in the land has now recognized the corrosive impact of unregulated loot on the political process. This decision will hopefully do much to disentangle the pernicious conflation of speech and money in Buckley v. Valeo, and set the stage for continued meaningful campaign finance reform in the years to come. While McConnell v. FEC doesn’t eliminate the bad taste of Bush v. Gore, it is a huge step in the right direction by this Court.
The “Pocket Jeremiah.”
Consistently one of the most scintillating observers of the Supreme Court, Slate correspondent Dahlia Lithwick assesses Antonin Scalia and his recent decision to recuse himself from the Pledge of Allegiance case. “He is convinced that civilization is in decline and that this banishment of religion is directly responsible. He truly believes that the coarseness and callousness of modern mores and practices have imperiled us all. And if those beliefs make him sound more Jeremiah than Judge, well, Scalia would probably welcome the comparison.“