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Monday, June 26, 2006



I Want to Be Wrong

I am getting a bad feeling about the outcome of the Hamdan decision relating to military commissions, which is about to be handed down by the Supreme Court.  I hope I am wrong, but I fear since its 2004 Rasul and Hamdi decisions — granting unlawful enemy combatants detained at Guantanamo Bay the right to file habeas corpus petitions in civilian courts — the justices no longer feel limited by the Constitution or precedent and will intervene further in the executive's war-related policies.  If so, it was predictable.  See here.

 

As I say, I truly hope I am wrong. 












 

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