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Primer on Boumediene’s week of reckoning | SCOTUSblog (http://www.scotusblog.com/wp/primer-on-boumedienes-week-of-reckoning/ - broken link)
In June, the SCOTUS decided Boumediene v. Bush, which turned policy in the war on terror on its head.
In the past week, cases at all levels of federal court have been brought forth that explore that decision and its implications, including, amusingly enough, the original Boumediene v. Bush, back at District court where it started.
Primer on Boumediene’s week of reckoning | SCOTUSblog (http://www.scotusblog.com/wp/primer-on-boumedienes-week-of-reckoning/ - broken link)
In June, the SCOTUS decided Boumediene v. Bush, which turned policy in the war on terror on its head.
In the past week, cases at all levels of federal court have been brought forth that explore that decision and its implications, including, amusingly enough, the original Boumediene v. Bush, back at District court where it started.
I wonder what will come out of it!
Quote:
Supreme Court will get its first look at the first major sequel to Boumediene — a test of the President’s power to detain an individual who was lawfully in the U.S., was seized inside this country, and is now being held indefinitely and without charges in a military jail in South Carolina.
It will be very interesting to say the least. I don't think most folks understand how incredible the circumstances have been nor the age or importance of the Extraordinary Writ of Habeas Corpus.
I wonder if it will be coherent. One of the things that Obama might work on is scrapping virtually all existing war-on-terror legislation and replacing it with some better balance between reason and exigency. All the Bush/Cheney/Yoo/Gonzalez garbage is tainted worse than contaminated spinach. Recall it all and start over, leaving the courts some sane and sensible paths to follow.
I wonder if it will be coherent. One of the things that Obama might work on is scrapping virtually all existing war-on-terror legislation and replacing it with some better balance between reason and exigency. All the Bush/Cheney/Yoo/Gonzalez garbage is tainted worse than contaminated spinach. Recall it all and start over, leaving the courts some sane and sensible paths to follow.
He's already talked about totally rethinking the court approaches to it. I suspect his AG and DoD Sec'y will be exploring this.
Have some reservations about Gates from back in CIA days, but he does seem to have mellowed some, and he's been a steady hand by all reports at DOD. I was encouraged by the naming of Eric Holder. Very smart. Even-keeled. Independent-minded. No partisan baggage floating around. I think that he'll be a very good house-cleaner which DOJ much needs at this point, and also that his temperament is well suited to unbiased work in the public interest in seeking to repair the staggering damage done by ********, Gonzalez, and the Yoo-crew. The new administration will have so many pots on the fire, I hope that sufficient time and energy can be found to keep such an initiative going...
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