He doesn't mince words (pdf file):
America is at war with radical Islamists.
[. . .]
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.
That's Antonin Scalia, on the dissenting side in the Supreme Court's 5-4 decision giving Gitmo detainees habeus corpus rights. Aliens detained abroad now have that constitutional right for the first time in American history. If anything will make me vote for John McCain, it's his pledge to nominate justices who wouldn't make up the Constitution's meaning as they go along.
On the other hand, McCain has been all mushy over detainee rights and probably likes this decision. Strange times.
Comments
"Detained abroad" is a disingenuous way to refer to Guantanamo Bay. It's under the exclusive control and jurisdiction of the United States.
Scalia should check again. The US is not at war.
Yes, it's a legal distinction, but isn't that what the SCOTUS is all about?
Leo,
The court ALWAYS "make up" the constitutions meaning. You just agree with them when they go your your way.
It is IMPOSSIBLE for a document that old to reflect the world we live in today. So it is always open for interpretation. If it were not, we would not need a Supreme Court.
A quick example-
I scanned the constitution- it does not mention voter ID.
Not once.
So why did the court rule on it???
Kevin: If you keep saying mean things like that, I'll just take my marbles and go home. Oh, wait, I seem to have misplaced them.
Leo:
We lost a friend to journalism today.
He enough respect for his audience and for himself to ask a question, and then let it be answered without interrupting.
He also wrote a book that did for men and their fathers what Nancy Friday did for women and their mothers.
We're currently under a stop-loss program, and you're not allowed a demit. Not physically, nor mentally, until we recover from the present national emergency. If you want to lose your marbles after, oh, say, 2028 or so, apply for a permit, and it'll be given due consideration.
But don't get your hopes up.