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Closing Arguments: Your Take on the Court's Gitmo Ruling?
June 12, 2008 11:53 PM
In what observers are calling a stunning rebuke of the Bush administration, the Supreme Court today said that foreign terror suspects held at Guantanamo Bay do have a Constitutional right to challenge their detention in court. Writing for the narrow 5 - 4 majority, Justice Anthony Kennedy said the President and Congress can't, "switch the Constitution on and off at will.” But in a stinging dissent Justice Antonin Scalia wrote that the decision would, "almost certainly cause more Americans to be killed.” So, what do you think? Do you agree with Justice Kennedy -- or Justice Scalia?
June 12, 2008 | Permalink | Share | User Comments (171)
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Thanks for putting this up, ABC.
If we have evidence against these terrorists, it's time to put them on trial. Holding them indefinitely makes us look bad. I would think McCain, of all people, would understand this.
Justice Scalia is wrong here. Suspending our Constitution is not really an option.
Posted by: MIguy | Jun 13, 2008 12:22:33 AM
Scalia, belongs to the Bush Regime and they have proven that they have no regard for our constitution nor for any law that stands between them and power. Bush should step down now, especially after how he has destroyed our nation.
Posted by: Kenito | Jun 13, 2008 1:09:13 AM
Absolutely shocked at Scalia's opinion. It reads something you would read in Oceania's constitution.
My goodness!
Posted by: Ben | Jun 13, 2008 1:09:24 AM
We should allow the military to try these prisoners. They are military prisoners of war. There is already rules for dealing with prisoners. The supreme court should stay out of the military.
Posted by: Mike | Jun 13, 2008 1:09:34 AM
If we abandon our core values/principals in response to the terrorists, haven't they won?
The rule of law, fairly administered to all, is supposed to be what we are about. Abandoning that is tantamount to waving the flag of surrender to the extremists.
While it has been too long coming, the Supreme Court is to be commended for standing up for our Consitution, and real American values.
Posted by: T in New Orleans | Jun 13, 2008 1:10:02 AM
Justice Kennedy is correct. I once attended a conference in France, and they were making an argument against public CCTV cameras, because some day, there could be someone in power that could abuse this.
This always stuck with me, and it should be applied to this matter as well. Habeas Corpus is not only important for Americans, its important for the World.
Posted by: eric | Jun 13, 2008 1:10:43 AM
Justice Scalia can't actually know that this decision will result in the death of americans. So to claim that his fellow justices are, essentially, complicit in murder, is absurd. It demonstrates his petulance, emotional dysfunctionality and intelectual intolerance.
In fact, it sounds like an angry bully who didn't get his way.
This is indeed the model Justice of Pres. Bush
Posted by: Mark | Jun 13, 2008 1:10:58 AM
Scalia has shown himself, yet again, to be a partisan hack rather than a jurist capable of dispationate legal analysis.
Posted by: scott | Jun 13, 2008 1:11:08 AM
Continuing to hold these prisoners without due process totally goes against our constitution and that rights that we hold so dear. Why have the constitution if it can be disregarded at will by our top leader(s).
Posted by: JLO | Jun 13, 2008 1:11:33 AM
Thank you, thank you. I've been saying that I want my country back & it looks like it just might finally be happening. No matter what, you need to face your accuser and state your case. No matter how much we disagree, we should hear the other side. Thank you to the court for finally starting the repair job to the honor and rights in this country that will probably take 100 years to fix.
Posted by: ritgar | Jun 13, 2008 1:11:42 AM
The conservatives often talk about how they interpret the constitution and don't just rule on their agenda. This time it is the "liberals" who are interpreting the constitution and not using it for their political agendas. Let's not have a double standard here.
Justice Scalia's dissenting opinion doesn't even discuss the constitution. Instead he, like others in our government, are trying to use scare tactics to convince people to do things their way. Isn't that how we got into the mess that we are in with Iraq?
Posted by: Pattiteach | Jun 13, 2008 1:11:56 AM
Prisoners of war. What war, was there a "war" declared? Scalia is way off base as usual.
Posted by: marsh | Jun 13, 2008 1:12:44 AM
The courts should stay out of war related prisoners held as a result of combat. How can you prosecute a war if a combatant has to worry about how some pacifist back home will rule?
Posted by: Harold Dolph | Jun 13, 2008 1:12:53 AM
This is a monumental decision for freedom and for the Constitution against a rogue Presidency. The strength of our democracy faces its greatest test during exceptional times.
Constitutional democracies cannot long endure governance by necessity. Instead, Justice Kennedy showed his measure as a person of principle and courage.
Terrorism is as terrorism does and our slide into what we fight and fear most has been precipitous. Perhaps, this is at last a turn away from this imperial Presidency.
Posted by: william shanahan | Jun 13, 2008 1:13:11 AM
Is there a choice. Of course Scalia is right. What's the matter with those others. These are our enemies.
Posted by: Larson | Jun 13, 2008 1:13:13 AM
If the flag of the United States of America is flying over Guantanamo Bay, then certainly anyone under that flag by choice or otherwise, is subject to the laws and the rights that the flag represents. To think otherwise is insane!
Posted by: mike | Jun 13, 2008 1:13:26 AM
Hey MIguy, you're worried about looking bad?
How you think you're gonna look when these aholes come here and cut your head off?
They don't like us.They want to kill us.
All of us!
Shouldn't the constitution be for legal American citizens.
Posted by: Tom | Jun 13, 2008 1:13:26 AM
Justice Kennedy's statement is, in my modest opinion, more than accurate. It may help us regain some of the respect we have lost as a nation worldwide for the way things, in general, have been handled. Deciding who gets justice and who doesn't should never be in the hands of any single-minded person, I don't care if they ARE the President.
Posted by: davidlewis7 | Jun 13, 2008 1:13:57 AM
The United States holds other countries accountable for their human rights policies. How can our leadership ignore the basic truth of our constitution? How can a fearful man be lead into bad decisions by a manipulative and paranoid man who just just supposed to be his "Vice"? WILL these leaders of our administration be held accountable by the world for the attack and invasion of a country? Was not the leader of the country this President attacked held accountable for his 1990 invasion of a country? ARE WE BETTER THAN SADDAM???? Perhaps Justice Kennedy is beginning to show our country what we will need to do to heal from these mistakes.
Alan C. Wilson in MN
Posted by: Alan W. | Jun 13, 2008 1:14:07 AM
The Supreme Court is way off base. These are prisons of war-NOT welcome guests. They are killing our American solders. Protect our country-STOP being so liberal and stuck on your selves.
Scalia I agree with you!
Posted by: Rene | Jun 13, 2008 1:14:24 AM
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