Justice Antonin Scalia wrote that that "[our] nation will live to regret what the court has done.

 

Scalia further warned the ruling "will almost certainly cause more Americans to be killed... that consequence would be tolerable if necessary to preserve a time-honored legal principle vital to our constitutional Republic.  But it is this Court's blatant abandonment of such a principle that produces the decision today."  Scalia also wrote a practical effect of the decision will likely be harm to enemy combatants, as the decision is likely to result in enemy combatants being turned over to other nations by the United States following capture.

http://www.nationalcenter.org/P21PR-Terrorists_Supreme_Court_061208.html

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What's ironic about this is that these minority members of the judicial court fear giving the gitmo prisoners their day in court. These justices do not want to give justice to the prisoners! Furthermore, how is giving prisoners a chance with the legal system going to cost American lives? Scalia is full of BS. He's a justice for pete's sake and should want to see justice served.

If this administration had not totally screwed up the detention of these prisoners, it would never have reached this point. What with indefinite detention, torture, secret prisons and renditions, the court HAD to step in.
http://www.newsweek.com/id/141509

"Furthermore, how is giving prisoners a chance with the legal system going to cost American lives? "

Up until this point EPS's (Enemy Prisoners of War) have not been allowed to challenge in civil court because they are not being held under civil authority.

Holding EPW's under military authority and military rule is a protection of the Geneva Convention. By the US going against that our court is saying it's legal rights trump that of International treaty.

This means now that holding enemy soldiers under civilian law we have given legitimacy to civilian law trumping civilian law. Essentially any government that holds US service members under their own civilian law would be legitimized.

Any US soldier that now is captured by an enemy government like the Taliban can now be tried and punished under the rules of that government legitimately.

So, now if I'm captured by the Taliban I can be tried for not growning a beard (a law in Shria law but prevented by US military law), since the punishment by the Taliban is death I can now legitimately be put to death for not having a beard if I were captured in Afghanistan and IT IS NOW LEGAL.

That is what the dissenting justices mean by causing more deaths.

This was not a ruling protecting prisoners at Gitmo as it is a death sentence of US POW's.

Had this been enforced by the SC in 1970 John McCain would not be alive today to run for president.

MikeyA

MikeyA

The Taliban is a government?

They are extremists seek to impose their own version of Sharia law. And we were suppose to have defeated them, yet, here we are fighting them once more.

If growing a beard was such a concern, then the middle east would have many more bearded men.

It is just a small segment of the greater world, that hold these views and they are harbored in Pakistan, that we continue to support.

Prisoners of War, in a war with what country?

We are fighting against people who are not a military from any country, and this is by the governments own statements.

They are enemy combatants, aren't they?

Scalia's a fundamentalist wanker.

Pink Slip

...it seems is that the US has repeatedly refused to honor the Geneva Convention protocols with these prisoners over the years, stating that they are not eligible for protection under the rules as unlawful combatants. Only under court order have they begun to follow along...

The White House really drew this awkward situation down upon themselves and our military - outlining what rules they DON'T have to follow while never outlining what they DO follow. I assume hoping that this whole situation would be done before people got wiser. I would say that the court was put in a no-win situation, and it should sit squarely in the White House's court for forcing a resolution like this.

My point exactly, wombat. The administration has brought this down upon itself and we will all -including you, Mikey, and the armed forces- pay dearly for its unconstitutional behavior, miscalculations and deceits.

This is just the beginning of a Great National Repudiation of the Bush White House. We're going to see a lot more of this kind of thing over the next several years.

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