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June 30, 2006
Digesting Hamdan
There's nothing quite like a 185-page US Supreme Court decision, comprised of Parts I through "VI-D-iv," to shut me up. Short of a double-shot of Ritalin, my eyes would be bleeding and/or have popped clear out of my head had I tried to read, even peruse the Hamdan decision on the eve of my much-needed vacation. Fortunately, people who are (a) smarter; (b) more knowledgeable; and (c) better writers than me (I?) analyzed the decision overnight -- God bless 'em -- so we state school types don't have to bother doing so, at least for now:
- B.U. Law Professor Ronald Cass (the Court "found jurisdiction in the face of a statute directly taking jurisdiction away from the Court. It second-guessed the President on the need for particular security features in trials of suspected al Qaeda terrorists. And it gave hope to One-World-ers by leaning on international common law to interpret U.S. federal law. If that weren't enough, the (left, lefter, and far left) turns were executed in the course of giving a court victory to Osama bin Laden's driver.
- U. Cal. Law Professor John Yoo (the majority "tossed aside centuries of American history, judicial decisions of long standing, and a December 2005 law ordering them not to interfere with the military trials").
- J. Peter Mulhern says Hamdan is the "most arrogant and unprincipled judicial assertion of power since Hammurabi promulgated his code."
- The ACLU is ecstatic.
Posted by bill at June 30, 2006 09:37 AM
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