Ctr For Constitutional Rights Promises To Challenge Military Commision Act

[kpete]

Saturday, October 21, 2006
Bush administration violates the separation of powers, issues fiat robbing court of judicial power
http://www.opednews.com/maxwrite/linkframe.php?opedpg=http://existentialistcowboy.blogspot.com/2006/10/bush-administration-violates.html&opedid=24652

Mr. Bush's authorization of the Military Commissions Act of 2006 will trigger a barrage of challenges asking judges to strike down the law as illegal, unconstitutional, or both. And it has sparked a heated debate among legal scholars and lawmakers.

—Will the Supreme Court shackle new tribunal law?

It would appear that despite Bush's order, the case will go to the Supreme Court where a decision to strike down the bill may be a 5-4 decision with Justice Kennedy the swing vote against Bush's bill.

According to the Post, Vincent Warren of the Center for Constitutional Rights representing many of the detainees has promised to challenge the bill and filing a motion for dismissal of all of the cases that are at the heart of Bush's order to the court.

"We and other habeas counsel are going to vigorously oppose dismissal of these cases," Warren said. "We are going to challenge that law as violating the Constitution on several grounds." Whichever side loses in the upcoming court battles, he said, will then appeal to the Supreme Court.
—Court Told It Lacks Power in Detainee Cases, Washington Post http://www.opednews.com/maxwrite/linkframe.php?opedpg=http://existentialistcowboy.blogspot.com/2006/10/bush-administration-violates.html&opedid=24652

[midnight]

1. I was hoping to see that the people with the legal understanding

of the criminality of this act being passed that they would challenge this. This is good news. But why on earth do americans have to fight for those in office to up hold the constitution. They took an oath to uphold these rights, and now barter them away to the best offer.

[cool user name]

2. Thanks! I'm hopefull now!

[Freedom_from_Chains]

3. Well, looks to me like they'll be on their way to being

classified as aiding and abetting the enemy.

[enough]

5. No joke -- this is why we need to support these folks and keep their

work out in the public eye.

[kpete]

6. doing my very best

[bleever]

9. And your best is very good.

Thanks.

[BeFree]

11. Much appreciated.

What we need, (hint to the best writers concerned about this matter) is a short letter to the editor posting, that idjits like me can copy and send to the m$m. Eh?

[kpete]

14. Your wish

is on its way...stay tuned

[bonito]

13. Hey ,kpete

:yourock:

[BuyingThyme]

4. Debate AMONG legal scholars and lawmakers? No.

Debate BETWEEN legal scholars and lawmakers.

[annabanana]

7. kick. . . . . . needs one more rec. . . . . . . n/t

[bleever]

8. Done.

I'm looking forward to seeing a veritable fleet of challenges, sailing like the Allies to the beach at Normandy.

[NewJeffCT]

10. There go those crazy libruls again

trying to defend that Constitution. What a pre 9/11 attitude they're showing.

:sarcasm:

[upi402]

12. k/r They'll send it to the ashcan of shame, I'm hopeful

:patriot:

[Land Shark]

15. The Ctr Const rights should "execute" the MCA like Bush "executes" the law

[eviltwin2525]

16. Egad! What a choice!

Do we risk seeking emergency relief from the Supremes before the election and having a favorable ruling that ignites a last gasp of rightwingfundynutjob outrage? Or do we wait till after the election and risk BushCheney using the damn commissions against vote-fraud protesters?

[w4rma]

19. We don't worry about the timing and just act quickly. (nt)

[BlueEyedSon]

17. If you believe in the CCR challenge to the MCA, go donate!

http://www.ccr-ny.org/v2/home.asp

[BrklynLiberal]

18. Heard on NPR this AM that the Justice Department dismissed ALL the

Habeas Corpus cases the day the act was signed..

http://www.onthemedia.org/

No Body to Show
For four years, the Bush Administration has revealed next to nothing about who it’s detaining at Guantanamo Bay. What little we know is the product mostly of habeas corpus petitions filed on behalf of the detainees. This week, Bush signed a bill that eliminates the right of detainees to pursue those petitions. Brooke speaks with Miami Herald reporter Carol Rosenberg about the implications for journalists.

Unfortunatley, the transcript of this propgram will not be available until Tuesday...but you can listen to it at the link.