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habeas corpus

Habeas corpus: Antonin Scalia has a problem with 800 years of freedom

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by: Michael Bersin

Thu Jun 12, 2008 at 22:55:30 PM CDT

Magna Carta

...No freeman is to be taken or imprisoned or disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgement of his peers or by the law of the land. To no-one will we sell or deny of delay right or justice...

Today the United States Supreme Court restored habeas corpus in a 5-4 opinion.

ACLU...In a stunning blow to the Bush administration's failed national security policies, the Supreme Court ruled today 5-4 that the U.S. Constitution applies to the government's detention policies at Guantánamo. The Court concluded that detainees held at Guantánamo have a right to challenge their detention through habeas corpus....

Associate Justice Antonin Scalia issued a dyspeptic dissent.

...Scalia said the nation is "at war with radical Islamists" and that the court's decision "will make the war harder on us. It will almost certainly cause more Americans to be killed..."
via The Left Coaster

Associate Justice Souter, joined by Associate Justices Breyer and Ginsburg issued a righteous smackdown of that dissent in an "afterword":

There's More... :: (0 Comments, 1081 words in story)




We don't need no stinkin' habeas corpus, do we Kit?

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by: Michael Bersin

Wed Sep 19, 2007 at 12:50:37 PM CDT

Evidently, almost 800 years of civilization doesn't mean squat to Kit Bond.

....No free man shall in future be arrested or imprisoned or disseised of his freehold, liberties or free customs, or outlawed or exiled or victimised in any other way, neither will we attack him or send anyone to attack him, except by the lawful judgement of his peers or by the law of the land. To no one will we sell, to no one will we refuse or delay right of justice...
There's More... :: (2 Comments, 145 words in story)




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