Scalia gave the most pro-liberty opinion today

[geek tragedy]

In the case of Hamdi, he essentially said that Hamdi should be released if they aren't going to try him on criminal charges.

He also took a big swipe at Rehnquist, calling his views a threat to democracy and liberty.

Add his vote to the four in Padilla who would have set him free, and Padilla is a big WINNER and Bush is an even big LOSER.

[Caution]

1. most shocking thing about the rulings IMHO

[geek tragedy]

2. Here's the key

In the Padilla case, 4 Justices would have voted to spring Padilla and force DoJ to file criminal charges.

Scalia said in the Hamdi opinion that he would do the same.

That's five votes saying that Bush can't grab people in the US and hold them as enemy combatants.

This is very, very good news.

[DenverDem]

3. Scalia sees which way the wind is now blowing and is trying to save his

neck from the coming guillotine. Too late, traitor.

[The Backlash Cometh]

4. Could it have been that easy?

Is it possible that public outrage against Scalia's flamboyant excesses with his legal opinions was enough to bring him down to earth? That's...almost...old fashion.

[geek tragedy]

5. It's because it's an obvious issue

As Scalia states:

<snip>
The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive.
<snip>

It's really that simple.