The Alliance for Justice has weighed in on the Supreme Court's refusal yesterday to hear Jose Padilla's case.
An excerpt:
-----
Yesterday, long-detained U.S. citizen and alleged "enemy combatant" Jose Padilla fell one vote short of persuading the Supreme Court to hear his challenge to the Bush administration’s effort to hold him indefinitely without court review. Padilla needed four votes to have his case heard and mustered only three – from Justices Ruth Bader Ginsburg, David Souter and Stephen Breyer. But three other justices, including Chief Justice John Roberts, appeared ready to rebuff the Bush administration's thumbing its nose at the concept of judicial review. And one other justice, Antonin Scalia, already has said that indefinitely detaining American citizens, even in the war on terror, is unconstitutional. That probably leaves only two justices – Justices Thomas and Alito – potentially poised to back the administration’s rather breathtaking assertion that our system of checks and balances isn’t really so checked and balanced after all.
We already know Justice Thomas' view from a 2004 case, Hamdi v. Rumsfeld, an 8-1 decision where he issued the lone dissent. A true believer in the radical theory that the president basically can do whatever he wants, without judicial oversight, simply by saying it somehow implicates his commander-in-chief powers, Justice Thomas is the Bush administration's best friend. And the Constitution's worst. Justice Alito's silence in Padilla ominously – but not conclusively – suggests he may follow suit if given the chance. Were he to do so, all of the fears, expressed during recently-concluded confirmation hearings, about Justice Alito being excessively deferential to presidential authority, would quickly be realized.
-----
[Read more.]
No comments:
Post a Comment