 merrie says: “It bears repeating that our opinion does not address the content of the law that governs petitioners’ detention. That is a matter yet to be determined.” Associate Justice Antonin Scalia, who is nothing if not plain-spoken, was his usual clear and precise self on this occasion, “The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.” And not just Americans, if Mr. Justice Scalia proves as prescient as he is plain. Already prisoners at Guantanamo who have had to be released have returned to attacking American troops and/or civilian targets, and had to be recaptured. Having again entered the maw of the American judicial system, who knows if they will ever face justice? That question, too, remains Yet To Be Determined. The one thing that this latest example of law at its least vigilant does make clear is the importance of this year’s presidential election. John McCain, who knows something about war and being a prisoner thereof, says he would appoint judges who are committed to judicial restraint; he’s criticized this decision. Barack Obama has praised it. However confused and confusing this latest decision out of the high court, it does clarify the decision facing the American voter this November. Something else became clearer to me on wading through the court’s muddy majority opinion: If Abraham Lincoln had had a Supreme Court like this to deal with, and he pretty much did, and had that president and com... THe left has stated over and over that terroism should be treated as a law enforcement issue. I believe that is because, they believe, that this existential threat doesn't exist. |
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