The Supreme Court actually upheld the Constitution! The President is actually subject to the Rule of Law! Democracy! We actually have to treat prisoners humanely and in accord with treaties to which we are signatories! Awesome!
Shorter Supreme Court: 9/11 did not rewrite the Constitution
Really, this ruling should not be surprising, but with the administration’s attempt to pack the court with authoritarian fundamentalists and yesterdays bullshit decision regarding the DeLay gerrymandering, I was not optimistic.
It feels good to be surprised sometimes.
In a sharp rebuke of President George W. Bush’s tactics in the war on terrorism, the U.S. Supreme Court on Thursday struck down as illegal the military tribunal system set up to try Guantanamo prisoners.
By a 5-3 vote, the nation’s highest court in a landmark decision declared that the tribunals, which Bush created right after the September 11 attacks, violated the Geneva Conventions and U.S. military rules.
“We conclude that the military commission convened to try (Salim Ahmed) Hamdan lacks power to proceed because its structure and procedures violate” the international agreement that covers treatment of prisoners of war, as well as the Uniform Code of Military Justice, Justice John Paul Stevens wrote for the court majority.
Majority opinion: Stevens, Souter, Ginsberg, Breyer
Concurring: Kennedy
Dissent: Scalia, Thomas, scAlito (surprised?)
Abstain: Roberts
Can I get a “hell yeah!” (HELL YEAH!). Thank you, my people. The more I think about the impact of this opinion, the more excited I become. I haven’t felt this good since every poll anywhere said Kerry won in election 2004. Wooo! … oh, nm.
It must burn the Busheviks to realize that they are still 2 votes short of total control.
Read the opinion. The SCT website is slammed, so I stored a copy of the opinion here on grumpasaurus, which may be faster for you to download.
The analysis is long, so I’m putting it after the jump.
In sum: the President has to comply with the law, Congress intended for him to comply with the law… and he didn’t comply with the law. Oh yeah, and torture is illegal, the tribunals are illegal, and we must treat all prisoners humanely with Common Article 3 of the Geneva Conventions as a floor of acceptable behavior.
Huh. Imagine that.
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