WP: Executive Branch Reined In (Pg 1 analysis)

[kskiska]

Tuesday, June 29, 2004; Page A01

The Supreme Court's complicated holdings in three cases involving detainees from the battle against terrorism may not result in any prisoners going free -- the justices yesterday left that for lower courts or tribunals to decide.

But the web of 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.

Liberal or conservative mattered little in the ultimate outcome. The court roundly rejected the president's assertion that, in time of war, he can order the "potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing," to quote the court's opinion in the case of foreign prisoners held at the U.S. base in Guantanamo Bay, Cuba. In fact, the administration's claim to such power over U.S. citizens produced an opinion signed by perhaps the court's most conservative justice, Antonin Scalia, and possibly its most liberal, John Paul Stevens.

(snip)

Given that the administration has said its war on terrorism might stretch over generations, Justice Sandra Day O'Connor wrote, the "indefinite detention" of a prisoner "could last for the rest of his life." And that, the court said, is too long to do without the basics of due process.

Only Justice Clarence Thomas embraced the administration's positions without reservation, referring in a dissenting opinion to "the breadth of the President's authority to detain enemy combatants, an authority that includes making virtually conclusive factual findings" that the Supreme Court is powerless to "second-guess."

more…
http://www.washingtonpost.com/wp-dyn/articles/A13226-2004Jun28.html

[qanda]

1. Clarence Thomas --

What a waste of skin. He's my color but he's definitely not my kind!

[shanti]

9. he couldn't be pried

off of chimpy's ass if his life depended on it!

[Dirty Hippie]

2. The Supreme Court is powerless to "second-guess"

Excuse me! WTF

I thought it was their job to "second-guess".

Isn't that why we have a Supreme Court?

[k in IA]

5. Nice Avatar!

[shraby]

3. May Justice Thomas live

a long and productive life /sarcasm off

[acmavm]

4. That would be a change. The guy is worthless. I can't imagine he ever

took a constitutional law class in his life. Or if he did, he sure didn't pass it.

[Democat]

6. Maybe Thomas should spend the rest of his life in a secret Bush prison?

It would be good research for him.

[GaryL]

7. Funny thing.

My sisters an accountant and said his written opinions are cutting edge when it comes to tax law and helping the little guy. I wonder why the hell this can't translate into compassion elsewhere. My guess is his staff is writing his opinions on tax law and he doesn't know!

[Zynx]

8. That's true of most opinions

Almost all the heavy duty fact stuff is done by staff and law clerks. Thomas is a dumbass who isn't smart enough to vote differently than the fascist position even if he wanted to.

[gratuitous]

10. Slappy writes opinions?

News to me. I thought his entire output with the Court consisted of variations of "What Fat Tony said."

But the Court slaps down Stupidhead. Glad we didn't wait for the Fourth Estate to get off its overpampered backside to start doing its job again. Gotta save all the important analysis for documentary films, you know.

Still scary that we had to wait for the installers of Stupidhead to rein in their own creation. Of course, villagers with pikestaffs and torches can be effective, too.

[DeepModem Mom]

11. kick