SCOTUS has decided not to hear the appeal of Jose Padilla by a vote of 6-3. Guess who the third vote was? Give up? Justice Anthony Scalia. That’s right, the same one that should have recused himself because he said foreigners waging war against the United States have no rights under the Constitution. If he had done what he should have, ethically, the high Court could have heard the case and gave Bush the smack down he deserves.
Normally, I have the highest regard for SCOTUS, even when they rule in a way that makes my stomach turn. I liked to think that they were a basically objective bunch, who looked at the law and not at politics. I mean, what do they care who’s in office? They’ve got a job regardless. But when they start thumbing their noses at our Constitution I start questioning myself for having any respect for them. No matter, let’s move on.
Scalia wrote that the appeal was rejected because Padilla has since been turned over to civilian authorities and charged in federal court- therefore his circumstances are different and an appeal unnecessary. He did’t cite precedent, procedure, or impending coronation of the king. That means that there is still some light at the end of the tunnel for American citizens still in custody at Gitmo. If somehow, some way, another inmate there could get representation then the Court could hear their arguments.
It’s too bad that no one at Gitmo is given basic liberties granted by our Constitution. It’s too bad that none of the prisoners there are allowed to have representation. It’s too bad that light at the end of the tunnel is too small to see. King George wins one more.
Supreme Court won’t hear Padilla Case
SCOTUS has decided not to hear the appeal of Jose Padilla by a vote of 6-3. Guess who the third vote was? Give up? Justice Anthony Scalia. That’s right, the same one that should have recused himself because he said foreigners waging war against the United States have no rights under the Constitution. If he had done what he should have, ethically, the high Court could have heard the case and gave Bush the smack down he deserves.
Normally, I have the highest regard for SCOTUS, even when they rule in a way that makes my stomach turn. I liked to think that they were a basically objective bunch, who looked at the law and not at politics. I mean, what do they care who’s in office? They’ve got a job regardless. But when they start thumbing their noses at our Constitution I start questioning myself for having any respect for them. No matter, let’s move on.
Scalia wrote that the appeal was rejected because Padilla has since been turned over to civilian authorities and charged in federal court- therefore his circumstances are different and an appeal unnecessary. He did’t cite precedent, procedure, or impending coronation of the king. That means that there is still some light at the end of the tunnel for American citizens still in custody at Gitmo. If somehow, some way, another inmate there could get representation then the Court could hear their arguments.
It’s too bad that no one at Gitmo is given basic liberties granted by our Constitution. It’s too bad that none of the prisoners there are allowed to have representation. It’s too bad that light at the end of the tunnel is too small to see. King George wins one more.
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