Happy Habeas Day-A Big Shot Right In The Guts Of Whole Unitary-Executive Bull-Crap!

[kpete]

To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not his Court, say “what the law is.”
http://emptywheel.firedoglake.com/2008/06/12/happy-habeas-day/#more-2282

This case is far more important in a separation of powers sense - to my eyes the habeas and MCA/DTA issues were a clear slam-dunk from the get-go. The only question was whether there would be 5 votes to see it my way.

But, the references to Marbury and the courts stating what the law is, rather than the executive and legislative, are a big shot right in the guts of the whole Unitary Executive/judicial modesty bullcrap which the wingnuts have been peddling and working in since 2001.

Every signing statement - in which Bushie determined some laws were or were not constitutional, or in which he asserted his Article II powers allowed him to not enforce, ignore or rewrite - void.

Every Yoo memo, the ones Whitehouse has spoken about, in which the President was the sole judge of the scope of his Article II powers, and his decision was unreviewable, etc. Gone.

All the modesty which required deference to the political branches - gone.

The Court has, it seems, found it indeed has a set. And that it intends to use them.

#4
http://emptywheel.firedoglake.com/2008/06/12/the-rule-of-law-prevailed/

[shraby]

1. Now it's time for Congress to find their set...and use them.

[BOSSHOG]

2. The vote (FIVE TO FOUR) is still a warning sign

We need a D in the WH ASAP!

[sinkingfeeling]

3. Absolutely!! I can't wait to undo the past 7 1/2 years!

[Canuckistanian]

4. That's a good quote

To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not his Court, say “what the law is.”

[eallen]

5. Hoorah! Hooray! But Bosshog is right. We have to get Obama elected...

So that the conservatives on the court do not become its voice.

:hippie:

[reprehensor]

6. THANK GOD.

It's about time.

The light at the end of the tunnel was not a train after all.

This is good news.

[librechik]

7. Three Cheers for Anthony Kennedy!

And a thousand razzberries to Tony Scalia.

[Prophet 451]

8. Rude Pundit has a good overview of Scalia's batshit dissent

In brief, starts out as a Guilliani stump speech (terror! 9/11!), accuses the court of having no business doign their jobs and then wanders off into random blathering.

[pacalo]

9. I'm very pleased to see that the majority opinion points out something I've said from Day 1 about

Gitmo: that the fact that the U.S. has control over Gitmo puts it under American law.

The deciding issues for Gitmo are that the US has control over the territory of the Gitmo base, as well as complete control of the detainees (...) The CCR attorneys on the call did say that the ruling prevented the government from creating "law-free zones" in which they rule, but without the rule of law.

:)

[snappyturtle]

10. After a few days of extreme disappointment over the failure to extend

unemployment benefits and the denial of windfall profits taxes on the oil companies, this decision is downright wonderful, albeit unbelievable! Thank you, thank you to the liberal judges! And, thanks to kpete for the OP.

[SeeHopeWin]

11. It IS a happy day!

Thanks...