Thursday, June 12, 2008

Antonin Scalia doesn't believe our judicial institutions are up to the task

For those of us who believe in the constitution, and believe real patriotism is displayed during times of adversity, today's Supreme Court decision that the Guantanomo detainees have a right to habeas corpus is a sigh of relief. See article here

No suprise who the four dissenters were: Scalia, Thomas, Roberts and Alito. Shiver. Scalia wrote the especially harsh dissent, with over the top hyperbole even for him.

What strikes me though is how he doesn't believe our justice system can stand up in the face of terrorism. It has already beaten him. He should resign. For instance:

Scalia's dissent featured unusually harsh language, even for him. "America is at war with radical Islamists," he wrote. "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."

He goes on:
"Most tragically, it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner."

In the first quote, to me, says, our constitution is too cumbersome. Coupled with the second quote, then military commanders, for whatever reason, should be able to hold people indefinitely. Why even hold them, why not just kill them.

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