(Download) "Their Day in Court: Boumediene was a Flawed Decision--But Right (Human Rights Justice) (Boumidiene V. Bush)" by The American Conservative # Book PDF Kindle ePub Free
eBook details
- Title: Their Day in Court: Boumediene was a Flawed Decision--But Right (Human Rights Justice) (Boumidiene V. Bush)
- Author : The American Conservative
- Release Date : January 14, 2008
- Genre: Politics & Current Events,Books,
- Pages : * pages
- Size : 67 KB
Description
THE JUNE 12 Boumediene v. Bush Supreme Court opinion is in many ways a bad decision but probably a necessary one. Angered over the prospect that habeas corpus protections now apply constitutionally to detainees at Guantanamo Bay, Senator McCain called it "one of the worst decisions in the history of this country." In U.S News and World Report, Glenn Sulmasy, a fellow at the JFK School at Harvard, wrote that the case "disregarded both centuries of precedent and the military deference doctrine." Over at National Review, Andrew McCarthy said it was "cataclysmic" in an article telling us, "Welcome to Boumediene world, where the judges run the war." Some are pleased--not just peaceniks and human-rights activists but libertarians and antiwar conservatives. Yet even they should reflect for a moment: a constitutional protection now reaches to non-U.S. citizens, not incarcerated within the sovereign territory of the U.S., many of whom were captured on battlefields in Iraq and Afghanistan. So what is the end result after Boumediene? Will all enemy prisoners in future wars have the right to our criminal-court system to seek habeas relief, which could include release from detention? Probably not, but then what is to stop some crazy federal circuit--the Ninth Circuit, aka "Ninth Circus," perhaps--from ruling that they do?