Habeas Restored
Color me coincidental. At just about the time that I was writing the article today about the need to keep pushing for the restoration of habeas corpus, habeas corpus was indeed restored.
The Supreme Court has ruled that the aspect of the Military Commissions Act that took away the right to a writ of habeas corpus is unconstitutional, that everybody held prisoner as criminal suspects by the United States government, including people captured overseas and held captive in prisons outside of the borders of the United States, has the right to habeas corpus. The ruling re-establishes the ancient concept that the President of the United States has no right to set up zones under American control where the Constitution of the United States does not apply.
This is great news. It should come, however, with a couple of warnings.
First, the Military Commissions Act is not completely overturned. The Military Commissions Act did much more than just take the right of habeas corpus away. It also, for instance, legalized torture. These other aspects have not yet been ruled unconstitutional by the Supreme Court.
Second, the Supreme Court ruling overturning the revocation of habeas corpus was very close - 5 votes to 4 votes.
One more Supreme Court justice of the sort that George W. Bush has nominated - and John McCain has voted to confirm - and the right of habeas corpus would still taken away under the Military Commissions Act.
John McCain voted for the Military Commissions Act. John McCain voted for revoking the right of habeas corpus. John McCain voted for legalizing torture.
If John McCain gets elected as President of the United States, he will probably have the chance to select at least one new member of the Supreme Court, and with that new right wing vote, the Military Commissions Act could be re-established, and habeas corpus taken away from us once more.
why don’t you rant about H.R. 5950 and the dedtainess immigrants, the private jail facilities give s whole new meaning to the phrase habeas CORPUS.
Too bad…now enemy combatants need to be turned over to a third party away from US shores for holding…and then we just stop by for some information gathering. The securty of of OUR nation comes first. If it means assisting some extremist willing to die for their beliefs…then I’m all for buying their tickets and dispatching them.
Yeah, that’s great Sam - underhanded and illegal manipulation of policy in the hope that it makes us more safe, when in fact it makes us JUST LIKE THEM! Bush’s policies have actually HELPED Al Qaida recruit more people because he’s a psychopath JUST LIKE THEM!
Don’t care…we didn’t start this mess…so we need to play by their insane rules to remove them….that’s a reality in a religious motivated war…where life is cheapened by the promise of a wonderful afterlife. Don’y like it…don’t watch….