"Daddy beat the evil man"
The only thing I really have to add to the Hamdan ruling is the quote above from a CNN interview this morning. Neil Katyal, the lawyer who won the case, his first major case and first supreme court case, was asked how he was going to celebrate. At the end of a vague response, he said he called his four year old son and told him, "Daddy beat the evil man."
If I were a father, I think that would be my celebration.
Analysis: Lederman thinks this decision extends Geneva protections affecting interrogation and detainment practices. Greenwald and ThinkProgress think the decision extends to invalidate wiretapping and other claims of executive power. (I'll add to this list if I run across more.)
I feel like we're going to have to wait a little bit before we have a real sense on either of these, but it does mark a significant rebuke to Bush's claims of extraordinary executive power.
Dick Cheney must be chewing nails right now. "No, Dick. I don't think I can make the hunting trip this weekend after all...."
(And, if you're a total wonk, here's the complete ruling and dissents at Findlaw.)
If I were a father, I think that would be my celebration.
Analysis: Lederman thinks this decision extends Geneva protections affecting interrogation and detainment practices. Greenwald and ThinkProgress think the decision extends to invalidate wiretapping and other claims of executive power. (I'll add to this list if I run across more.)
I feel like we're going to have to wait a little bit before we have a real sense on either of these, but it does mark a significant rebuke to Bush's claims of extraordinary executive power.
Dick Cheney must be chewing nails right now. "No, Dick. I don't think I can make the hunting trip this weekend after all...."
(And, if you're a total wonk, here's the complete ruling and dissents at Findlaw.)
posted by mikevotes at
1:02 PM
9 Comments:
Think Progress is reporting that Sen. Graham is already jumping on this opinion put forth by Justice Breyer: “Nothing prevents the President from returning to Congress to seek the authority he believes necessary.”
Think Progress points out Congress needs to comply with the Geneva Convention, but then quotes Glenn Greenwald as saying, "Congress could decide to abrogate the Geneva Convention or exempt its application with respect to the military commissions. It would be an extraordinary step, but with this Congress, anything is possible."
I have to agree with the "anything is possible" sentiment.
By
Kathy, at 1:32 PM
Yeah, I just saw that.
Remember though, it's a political year, and I have to wonder just how far out there with Bush the Republicans want to get right now. I don't know if there's enough time to build popular support for abrogating the Geneva conventions. In moderate races, that would be a very tough election sell with very little time left.
Certainly, there are a ton who would like to go the whole road, but what about those facing tight reelections. If the Dems hold together, it only takes 5 or 6 defections in the Senate.
So, is this where the moderate Republicans get off? Or, have they tied themselves to these policies so closely that their only choice is to go on?
Just off the top of my head.
Mike
By
mikevotes, at 1:44 PM
Very good post.
By
Bravo 2-1, at 3:11 PM
Thanks.
By
mikevotes, at 3:55 PM
I think this ruling is very significant because it strikes down Bush's "Military Order No.1."
That quote jumped out at me when I read the article in the Post. When a country that is over two hundred years old issues "Military Order No. 1" it just smacks of junta.
At least this keeps the prospects for "Military Order No. 2" at bay for now.
By
Praguetwin, at 4:03 PM
Good point praguetwin. I must've read over "military order no. 1" cause I think that would jump out at me. This ruling is significant, even if there is no extensuion to other areas, because it does represent a limit to the claims of extraordinary executive powers in wartime.
Leslie, how often do you get to say "hurrah for the supreme court."
And, I don't know about them proposing legislation to allow everything the president has claimed. It's an election year, and I think supporting that really hurts alot of the moderate/close race Republicans. I'm sure something will be worked out, but if you're running for office in 4 months, do you really want to try to rpeal the Geneva Conventions?
I don't know. There's alot of politics still to shake out on this ruling. My bet is that they come in with a watered down proposal. But it's really too early to make a good guess.
Mike
By
mikevotes, at 4:50 PM
I read the SCOTUSblog after every big ruling too. They explain it so my dumb ass can understand :p
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