NYT: Supreme Court Expands Review of 'Enemy Combatant' Cases

[Trajan]

January 9, 2004

Supreme Court Expands Review of 'Enemy Combatant' Cases

By DAVID STOUT

WASHINGTON, Jan. 9 — The Supreme Court stepped squarely into a momentous debate over national security and personal liberty today by agreeing to consider the case of a man who has been held without charges by the United States military since he was captured in the fighting in Afghanistan.

The justices agreed to hear the appeal of the captive, Yaser Esam Hamdi, who is believed to hold both American and Saudi citizenship and who is in a Navy brig in Charleston, S.C.

The Bush administration had urged the Supreme Court not to hear the Hamdi case, so the announcement today represented a sharp rebuff to the president, Attorney General John Ashcroft and other architects of administration policy.

In agreeing to hear the case, probably in April, the justices have decided in effect to subject the Bush's administration's antiterrorism policies to a close examination that could have consequences for decades to come.

-snip-

And the circle keeps on turnin ....

[nadinbrzezinski]

1. Did Scalia find his copy of the Constitution

or is this pressure from somewhere?

[David__77]

2. I have a good feeling--I hope it's warrented.

I feel that the better four, Stevens, Ginsberg, Souter and Breyer will be on the correct side. I also think that there is high probability that either O'Conner or Kennedy could be aligned with them. The court that just ruled for privacy rights in the sodomy decision and has opined against mandatory sentences (Kennedy, specifically) will be likely to hold the anti-democratic assault in check. This would be a tremendous victory and a monumental shift in the political terrain.

[Just Me]

3. REBUFF!!! REBUFF AND REBUFF AND REBUFF,...

I say!!!! That is what the hell the Supremes and legislative branch is supposed to exist for,...to REBUFF abuses, g-damnit!!! The balancing of powers has been driven towards the cliff, with freakin' rock-ridden waters awaiting, by this administration! It is those other two branches' responsibility to REBUFF!!

The trust and loyalty of the American citizens have been manipulated, used and abused LONG ENOUGH!!!

REBUFF, REBUFF, AND DO YOUR D*MNED JOB, SUPREMES!!!

[0007]

4. Ah, some good news from the higher ups -

[Devils Advocate NZ]

5. They're just making sure that a Dem president doesn't get the same powers

Think about it, all those militia and KKK types being arrested and held without trial on suspicion of being terrorists...

So what the SC is going to do is declare it illegal and unconstitutional for US citizens, but allow it for non-US citizens. That way your homegrown terrorists can feel safe from the "black helicopters", but those damn "ragheads" can get what's coming to them!

[indepat]

6. Has not the Chief Justice already signaled the Court will not interfere

in the war against terra, that the Legislative Branch can craft any law it wants and the Executive Branch can do anything it wants?

[amber dog democrat]

7. I have a guarded feeling of optimism

about this but it could have a huge impact on the Chimps assault on the Bill of Rights.