Supreme Court backs Guantanamo detainees
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Author Topic: Supreme Court backs Guantanamo detainees  (Read 3143 times)
ChrisFromNJ
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« on: June 12, 2008, 10:03:21 AM »
« edited: June 12, 2008, 10:06:48 AM by NJChris »
http://www.msnbc.msn.com/id/25117953/

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Here's the decision: http://www.scotusblog.com/wp/wp-content/uploads/2008/06/06-1195.pdf

Justice Breyer, Ginsburg, Souter and Stevens concur with Kennedy's decision. Roberts writes the dissent, with Alito, Scalia and Thomas joining.
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Franzl
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« Reply #1 on: June 12, 2008, 12:54:40 PM »
Excellent.
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Sam Spade
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« Reply #2 on: June 12, 2008, 01:33:03 PM »
Nothing like throwing Eisentrager to the winds.  Kennedy's distinction between the two situations is well-nigh ridiculous.  Oh well, it was to be expected from Hamdan.
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cannonia
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« Reply #3 on: June 13, 2008, 09:29:49 AM »
Quote from: Sam Spade on June 12, 2008, 01:33:03 PM
Nothing like throwing Eisentrager to the winds.  Kennedy's distinction between the two situations is well-nigh ridiculous.  Oh well, it was to be expected from Hamdan.

Maybe, but doesn't it also toss out the court's own jurisprudence from Hamdan?
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Sam Spade
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« Reply #4 on: June 13, 2008, 04:26:29 PM »
Quote from: cannonia on June 13, 2008, 09:29:49 AM
Quote from: Sam Spade on June 12, 2008, 01:33:03 PM
Nothing like throwing Eisentrager to the winds.  Kennedy's distinction between the two situations is well-nigh ridiculous.  Oh well, it was to be expected from Hamdan.

Maybe, but doesn't it also toss out the court's own jurisprudence from Hamdan?

I agree, but it's still the natural result... Tongue  Part of the problem with Hamdan, actually.
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Sensei
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« Reply #5 on: June 13, 2008, 07:47:15 PM »
it's about time Kennedy sides with the correct wing of the Court on something.
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Fmr President & Senator Polnut
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« Reply #6 on: June 14, 2008, 10:12:05 PM »
The biggest issue in law overall is equity.

A criminal matter is a criminal matter, a person can not and should not be held to a different level standard because of the crimes they are accused of. Assuming that they actually are accused of something.

I saw Laura Ingram (the other White Coulter) on O'Reilly go bolshy over this and like most Republicans, miss the point. Either there is an equitous application of the law, or there isn't. If there isn't then it's not justice.

She used the example of a detainee released who went and blew himself up in Mosul, killing innocent people. Horrible, but the question surely didn't cross their minds "would he have done it, if he hadn't have been held".
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minionofmidas
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« Reply #7 on: June 17, 2008, 06:36:38 AM »
Too little too late. Like all their other decisions on the issue so far.
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SPC
Chuck Hagel 08
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« Reply #8 on: June 18, 2008, 07:12:19 PM »
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Kaine for Senate '18
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« Reply #9 on: June 26, 2008, 11:17:50 AM »
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Flying Dog
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« Reply #10 on: June 26, 2008, 11:32:06 AM »
Ironic that the strict-constructionist courts are pushing back more than the liberal congress
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